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2011 Supreme(SC) 128

R.V.RAVEENDRAN, A.K.PATNAIK
Shaik Imambi – Appellant
Versus
Special Deputy Collector (Land Acquisition), Telegu Ganga Project – Respondent


JUDGMENT

R.V. Raveendran, J.

1. Application for impleadment is dismissed as withdrawn. Leave granted. Heard the parties.

2. The Appellant was the owner of a lime orchard measuring 7 acres 84 cents, situated at Dachuru village, Kaluvoy Mandal, Nellore District. The said land and the adjoining lands in all measuring 81 acres 38 cents were acquired for the purpose of fore-shore submersion of Kandleru Reservoir under Telugu Ganga Project in pursuance of a notification dated 4.7.1988 issued under Section 4(1) and a final declaration dated 30.6.1989 issued under Section 6 of the Land Acquisition Act, 1894 ('Act' for short). The Appellant's lime orchard consisted of 761 lime trees. A small area therein also contained other trees, that is, 20 coconut trees, 24 cheeni trees, 2 guava trees and 2 drumstick trees.

3. The Land Acquisition Officer passed an award dated 31.8.1989, determining the market value of the said land by income capitalisation method. He valued the income from each lime tree as ` 80/- per annum. He assessed the age of the trees as six years (except 33 trees which were only about four years old). He assessed the remainder of fruit bearing life of the lime trees as 14 years and















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