SUB-COLLECTOR Vs. SIRAGAM SUBBARAYUDU

JUDGEMENT

(1.) The appeal arises out of a reference made to the District Court of Godavari under Section 18 of the Land Acquisition Act I of 1894. The greater part of the land acquired was grown with cocoanut trees and the District Judge has assessed the compensation" separately on the trees, and on the land excluding the trees and on the aggregate so calculated has added 15.per cent of the whole as the allowance prescribed by Section 23(2) of the Act.

(2.) The Government has appealed on the single ground that the allowance of 15 per cent ought to have been calculated on the value of the land alone and not on the value of the trees.

(3.) We are unable to take this view. We think that though the District Judge has separately assessed the compensation for the land and for the trees respectively it was not necessary for him to have done so, and that the value of the trees is properly a part of the market value of the land.