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1979 Supreme(SC) 11

V. D. TULZAPURKAR, Y. V. CHANDRACHUD
Raja Niranjan Singh – Appellant
Versus
State Of U. P. – Respondent


Judgment

CHANDRACHUD, CJI.:- The appellants owned extensive forest areas at Etawah, Bharthana and Auraiya in the district of Etawah. On October 28, 1944 the Government of Uttar Pradesh issued a notification under Section 4 (1) of the Land Acquisition Act, 1894 acquiring an area admeasuring over 6,000 acres therefrom for the purpose of preservation of existing tree growth, afforestation and control of erosion by means or regulation of grazing. By an award dated September 6, 1945 the Land Acquisition Officer awarded Rs. 20,145-7-0 as compensation for the acquisition of the lands to the appellants. In a reference made by the Land Acquisition Officer, the appellants claimed a sum of Rs. 90,000/- as compensation for the land, Rs. 10,000/- for buildings and Rs. 2,00,000/- for the trees standing in the forest. The learned District Judge, Mainpuri, came to the conclusion that income which accrued to the appellants from the acquired land by way of grazing charges amounted to Rs. 2,000/- per year and that 23 times of that amount would represent a fair compensation to the appellants as the market value of the land. The learned Judge valued the standing trees at Rs. 40,293-5-0 and awarded a tot








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