TMI Blog1968 (7) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... o the market value of the appellants' orchard acquired under the provisions of Land Acquisition Act 1894 (to be hereinafter referred to as the Act) in connection with the construction of Hirakud Dam in Orissa State. Several lands in the Raigarh District of Madhya Pradesh were acquired by the Collector of Raigarh in pursuance of the request made by the Government of Orissa. Among the lands so acquired some of the appellants' lands were also included. For those lands the appellants' claimed compensation in a sum of ₹ 7,95,770/- under various heads but the Special Land Acquisition Officer under two different awards awarded to them a sum of ₹ 59,494/6/-. The appellants did not agree to the award made by the Special Land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Gauva trees, there were some other trees but we need not concern ourselves about those trees as no dispute was raised before us either as to .their number or value ..The learned L12 Sup C1/68--12 Additional District Judge computed the net income from each Orange tree at ₹ 100/- and of Mosambi at ₹ 70/ to 80/ per year. He capitalised that income at 12 years' purchase and thus arrived. at the compensation payable in respect of those trees. doing he heavily relied on the oral evidence adduced by the appellants. We may mention at this stage that there was absolutely no documentary evidence to support the claim of the appellants. The evidence of the first appellant as well as that of the witnesses did not commend itself to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uced in support of the appellants' claim as regards the value of the orchard. It is true that the witnesses examined on behalf the appellants have not been effectively cross-examined. It is also true that the Collector had not adduced any evidence in rebuttal; but that does not mean that the court is bound to accept their evidence. The Judges are not computers. In assessing the value to be attached to oral evidence, they are bound to call into aid their experience of life. As Judges of fact, it was open to the appellate Judges to test the evidence placed before them on the basis of probabilities. We have been taken through the evidence of the witnesses. We are in agreement with the learned Judges of the High Court that the evidence in q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ponent part of the land acquired. The High Court failed to notice that what was acquired are not the trees but the land as such. The value of the trees was ascertained only for the purpose of fixing the market value of the land. On the value of the land as determined, the court was bound to allow the 15% allowance provided by s. 23(2) of the Act. In Sub Collector of Godavari v. Seragam Subbaroyadu and' Ors.(x) the High Court of Madras held that the trees standing on the land acquired are 'things 'attached to the earth and hence they are included in the definition of land in s. 3(a)' and that definition must apply in construing s. 23 of the Act. It further held that the value of the trees as are on the land when the declar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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