COLLECTOR OF BAREILLY Vs. SULTAN AHMAD KHAN

JUDGEMENT

(1.) This is an appeal by the Collector of Bareilly in a land acquisition case. The land acquired was a perpetual revenue free land, and one of the questions raised was at how many years purchase the value should be assessed. The profits found were Rs. 42 a year and the learned District Judge allowed forty years purchase.

(2.) The first ground of appeal is that this is too much. We are of opinion that it is not and we are fortified in our view by the judgment of this Court delivered by another Bench in the connected appeal No. 430 of 1922.

(3.) The next point argued is that the 15 per cent, awarded by the learned District Judge should not have been awarded on the value of trees. It is argued that under Section 23, Sub-section 2 of the Land Acquisition Act the 15 per cent, is to be awarded on the market value of the land. But under the definition of the land as given in the Act itself the land would include trees standing thereon. We therefore do not see why the value of the trees should be excluded in calculating the 15 per cent, allowed by the statute. This view of ours is supported by Krishna Bai V/s. The Secretary of State AIR 1920 All 101 and Sub-Collector of Godavari V/s. Seragam Subbaroyadu (1907) 30 Mad 151. We may point out that what is awarded under Clause 2 of Sub-section 2 of Section 23 is not the value of trees but compensation for the taking away of trees. This means that in addition to the present market value of the land and trees to be awarded by the Collector, he has to award something for the potential value of the trees taken away. It is on this potential value that the 15 per cent, is not to be allowed. We have not got before us any figure which shows that anything has been awarded for the potential value of trees; We understand that the figure that is awarded for the trees is the present market value of them.