9911796707
TMI Blog1972 (2) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... the Lalas died and the appellants were brought on record. The High Court allowed the appeals filed by the State and allowed in part the appeals filed by the appellants. The appellants have come up by certificate in these six appeals. 2. Each of the Lalas held equal one half share in each of the forests in the villages of Chharba and Prithipur in Dehra Dun District. By a notification dated 1 July, 1952 under the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter called the Act) the entire forest vested in the State of Uttar Pradesh. 3. On 2 May, 1953 the Lalas received the Draft Compensation Assessment Rolls under Section 46(1)(b) of the Act which showed annual compensation to be paid to the Lalas as nil. 4. The Lalas there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of the forest Prithipur the share of each came to ₹ 7955/-. On this basis each of the Lalas claimed a sum of ₹ 101114 and odd as compensation for the forest Prithipur. 7. The Compensation Officer decided that the income from the poola grass was not sayar income but forest income and disallowed income from poola grass in entirety. The Compensation Officer however allowed some sayar income in each forest and decided that the average annual income of the forest under Section 39(1)(e) of the Act should be calculated on the basis of the period of 25 years immediately preceding the date of vesting and not 20 years as the Lalas had claimed. With regard to the forest in village Chharba the Compensation Officer arrived at the figure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cultural years at ₹ 2007-8-0. The Compensation Officer disallowed income from poola grass but allowed sayar income of ₹ 23550/- and added the same to the forest income of ₹ 113914/- aggregating ₹ 137464/- on the basis of a period of 25 years and thus arrived at the average annual income of the forest under Section 39(1)(e) of the Act at ₹ 5496-8-0. The Compensation Officer appraised the annual yield at ₹ 1650/- and thus arrived at the total sum of ₹ 7146-8-0 to be added as gross assets of forest income. 10. In the High Court the State contended that the Compensation Officer was in error in adding the annual income on the basis of a period of 25 years and the appraisement of the annual yield in orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... word 'sayar' is to have the meaning assigned to it in the United Provinces Tenancy Act, 1939. In the 1939 Tenancy Act sayar includes whatever is to be paid or delivered by a lessee or licencee on account of right of gathering produce, forest rights, fisheries and the use of water for irrigation from artificial sources. Therefore the income derived by 'the landlord from persons who have been given licences to cut and remove poola grass from forest has been held by the High Court to be sayar. We agree with the reasoning of the High Court. The High Court was correct in holding that the sayar income during 10 agricultural years immediately preceding the date of vesting should be taken into consideration in determining the gross ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me on the basis of a period of 25 years and the appraisement of the annual yield on the date of vesting. The High Court said that the two clauses in Section 39(1)(e) of the Act were independent methods of finding out the average annual income from forest and it was not intended that the average annual income should be arrived at by adding the two methods. Section 39(1)(e) of the Act speaks of computation of average annual income from forest (1) on the basis of income for a period of 20 to 40 agricultural years immediately preceding the date of vesting as the Compensation Officer may consider reasonable and (2) on the appraisement of the annual yield of the forest on the date of vesting. The two are separate matters. It cannot be said that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hole of the forest's income derived during those 9 or 10 years for which accounts of the Lalas were available represented the whole growth of the forest during the last 40 years and even if the forest had been gradually cut during the last 40 years the income derived would not have been substantially more than what have been derived during the last 9 or 10 years preceding the date of vesting. 17. The High Court assessed the evidence. We do not find that there is any error in regard to the appreciation or assessment of evidence by the High Court and the conclusion that under Section 39(1)(e) of the Act the annual average income of Prithipur forest came to ₹ 4396.56 and of village Chharba at ₹ 2039.68. 18. Counsel for the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
