STATE Vs. LIAQ RAM

JUDGEMENT

(1.) This order is meant to dispose of Regular First Appeal No. 10 of 1975 as well as Regular First Appeal No. 61 of 1975. Both appeals have arisen as a result of the award made by the learned District Judge, Shimla on 23-8-1974. The Regular First Appeal No. 10 of 1975 has been preferred by the State of Himachal Pradesh whereas Regular First Appeal No. 61 of 1975 by Shri Liaq Ram whose land was acquired.

(2.) The controversy between the parties has been considerably shortened inasmuch as the learned Advocate General who has argued this case on behalf of the State of Himachal Pradesh and Shri Kailash Chand, Advocate representing Shri Liaq Ram have both submitted during the course of arguments that the only point which required determination for the purpose of disposing these appeals is about the correct valuation of 58 apple trees standing on Khasra No. 609/1 belonging to Shri Liaq Ram. It is also the case of both the parties that the area of the aforesaid Khasra number is 1 Bigha 5 Biswas.

(3.) The Land Acquisition Collector fixed the ages of the aforesaid 58 apple trees as 5 years and, therefore, assessed their value at Rs. 1740/- according to "Basic Principles and Method of valuation of fruit trees" by Dr. Harbans Singh. The learned District Judge, while disposing of the reference made to him under S.18, Land Acquisition Act, fixed the age of those very trees as 6 years and, applying the same principles, assessed the valuation to be Rs. 49,800/-. Here, it may be stated that it is once again agreed to by learned counsel for both the parties that the valuation of the trees has to be determined in accordance with the formula worked out by Dr. Harbans Singh.