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2004 Supreme(SC) 960

Supreme Court Of India
SHIVARAJY. PATILAND B.N. SRIKRISHNA, JJ.
STATE OF GUJARAT -Appellant
Versus
GOVIND MAMAIYA AND OTHERS -Respondents
Civil Appeals Nos. 2595-2603 of 2003,
Decided on August 25, 2004

Headnote:

Land Acquisition Act, 1984, Section 23 - Constitution of India, Article 136 - Compensation regarding eucalyptus trees on the land acquired- The respondents themselves claimed compensation only for 18,250 eucalyptus trees - The amount of compensation per tree fixed at the rate of Rs. 120 per tree was based on the concurrent findings on appreciation of evidence - Award upheld- Appeal dismissed [Para 3]

ORDER

1. The controversy in this appeal is confined to the award of compensation in respect of eucalyptus trees. The learned counsel for the State contended that there was a serious dispute as to the number of trees and the rate of compensation awarded per tree. According to him, having regard to the nature, growth and condition of the trees, award of compensation at the rate of Rs 120 per tree was not at all justified. He also submitted that 25,000 eucalyptus trees were not there; they were less in number.

2. On the other hand, the learned counsel for the respondents submitted that the respondents have claimed compensation in respect of only 18,250 eucalyptus trees. He also submitted that when both the courts, on appreciation of the evidence, have recorded a finding that the compensation of Rs 120 per tree was proper market value for eucalyptus tree, this Court may not interfere with the impugned judgment. He added that the entire amount of compensation has already been paid by the State to the respondents.

3. In the light of what is stated above, we are satisfied that the impugned judgment does not call for any interference for the reasons that the respondents themselves have claimed compensation only for 18,250 eucalyptus trees and that the amount of compensation per tree fixed at the rate of Rs 120 per tree is based on the concurrent findings on appreciation of evidence. This being the position, we decline to interfere with the impugned judgment. Consequently, the appeals are dismissed.

4. No costs.

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