NANAK SINGH Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) This order will dispose of R.F.A. Nos. 1375 of 1977, 828 and 1349 to 1351 of 1979, as they arise out of same acquisition proceedings and similar awards rendered by the District/Additional District Judge.

(2.) It is agreed on both sides that the claimants in these appeals have already been awarded compensation for the acquired land, which matter has been finally settled between the parties and is no longer in dispute. On the acquired land, the claimants had set up orchards and the matter regarding award of compensation for the same was separated from the award of compensation for the land under the orchards. The claimants felt dissatisfied with the award of compensation by the Collector with regard to orchards and sought references which came up for consideration before the District Courts, Chandigarh, and were declined to the finding that the claimants have been awarded reasonable compensation for the orchards. Feeling dissatisfied with the rejection of their reference applications by the Court below, the claimants have come up in appeal to this Court.

(3.) At the outset, the point which came up for consideration was whether the claimants could be awarded compensation for the orchards after they had been awarded compensation for the land under the orchards. This point was not present to the mind of the parties to the case either before the Land Acquisition Collector or before the Court below. The assessment of compensation has been made at both levels separately, for land under the orchards and for orchards on the basis of capitalised value under some Government formula on the basis of which orchards are evaluated. After this point came up for consideration, time was allowed to both the sides to prepare the case from this point of view as to whether, after compensation for the land under the orchards has been awarded, the claimants would be entitled to compensation for the standing trees, that is, timber, or would be entitled to the compensation for the orchards on the basis of capitalised value which would include the value of orchards as a whole including the fruit-bearing trees and the land on which they are standing.