TMI Blog1995 (1) TMI 419X X X X Extracts X X X X X X X X Extracts X X X X ..... s from the judgment and decree of the High Court of Punjab Haryana in RSA No. 1137 of 1970 and batch dated May 21, 1981. An extent of 20 acres 38 cents was notified and published for acquisition in the State Gazette under Section 4(1) of the Land Acquisition Act on June 22, 1974 for residential colony. The lands are situated in Panchkula, near Chandigarh, as satellite town. The Land Acquisition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing trees by 60% of what was awarded by the Collector and accordingly granted enhanced compensation with statutory benefits. Thus this appeal by special leave. 3. Ms. Suruchi Agarwal, learned counsel for the State, contended that the High Court has committed grave error of law in upholding the determination of the compensation both to the land as well as fruit bearing trees and has also fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ensation is to the value of the acquired land. The market value is determined on the basis of the yield. Then necessarily applying suitable multiplier, the compensation need to be awarded. Under no circumstances the court should allow the compensation on the basis of the nature of the land as well as fruit bearing trees. In other words, market value of the land is determined twice over, and o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iplier should be more than 8 years multiplier as it is settled law of this court in catena of decisions that when the market value is determined on the basis of the yield from the trees or plantation, 8 years multiplier shall be appropriate multiplier. For agricultural land 12 years multiplier shall be suitable multiplier. 4. In this case, the Collector applied more than 8 years multiplier an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re than what the claimant would justly and fairly be entitled to. Therefore, further enhancement of 60% by the High Court on the basis of the Price Index is clearly illegal. 5. The appeals are accordingly allowed. The Judgment and decree of the High Court is set aside and the award and decree of the reference Court is affirmed. In the circumstances of the case, the parties are directed to bea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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