The principle of reinstatement may be applied in assessing compensation for damages done to a Forest during requisition, but only if certain conditions are met.

( 1 ) THE principal question for decision in the present appeal is whether the principle of reinstatement -would be attracted in. assessing the compensation payable for damages done to a Forest during requisition.

( 2 ) DURING the last War portions of two khas Jungles known as Bandhi Jungle and Chua Jungle belonging to the Raja of Jhargram were requisitioned under Rule 75a of the Defence of India Rules for the Jhargram Air-field. The properly remained under requisition from 15-5-1944 to 3-5-1945 when it was derequisitioned. On such derequisition it transpired that during the period of occupation Government had removed standing trees from a large portion of area. Correspondence ensued and the District Magistrate of Midnapore offered by his letter dared 31-1-1946 a total compensation for Rs. 1,21,449/2/ -. One year later by a letter dated 12-2-1947 the District Magistrate modified the offer and reduced the same to Rs. 38,377/1/ -. It was stated that out of the amount offered Rs. 1,968/12/- had already been paid for trees-cutting in the year 1944. On behalf of the claimant the offer was not accepted. Accordingly under Section 19 (1), Defence of India Act, 1939 (35 of 1939) the question of compensation was referred to an arbitrator.

( 3 ) ON behalf of the claimant Rs. 4,55,438/14/-was claimed as compensation. It will be necessary hereafter to give further details as to the different heads under which the claimant had preferred his claim.

( 4 ) IT is an admitted fact that the total area requisitioned was 362. 82 acres. During the period of requisition trees standing on 257. 31 acres had been uprooted and on the remaining area of 105. 51 acres some of the trees had been cut down.

( 5 ) ON behalf of the claimant it was contended that the damage that had been done to the forest was such that steps would have to be taken for new afforestation. It would lake about 25 years for the new forest to grow and the loss of income during that period should be compensated. The compensation for the trees that had been removed but which would not ordinarily be removed from a forest would also have to be paid for. A separate claim was made for one outturn of the fuel plants.

( 6 ) EVIDENCE was adduced by both the parties before the Arbitrator and the Arbitrator had allowed Rs. 3,28,325/14/- as compensation, following practically the scheme as put forward on behalf of the claimant, though the amounts claimed were not the entire claim as made by him.

( 7 ) THE State of West Bengal has come up on appeal. It was contended in the lower court and repeated in this Court also on behalf of the appellant that the proper compensation was Rs. 38000 and odd as had been offered by the District Magistrate of Midnapore in February, 1947.

( 8 ) WE may state at the very outset that both the parties/as also the Arbitrator had not proceeded on proper lines in assessing the compensation.

( 9 ) WHEN a property is compulsorily acquired the compensation payable is the market value pf the property acquired together with such claims a may be admissible for costs of removal, severance etc. If a property is requisitioned for a certain period, the requisitioning authority is bound to pay such compensation as may be deemed reasonable for the period of requisition. If at the time of derequisition it is found that there had been damages inflicted during the period of requisition and the property returned is not in the same condition as it was when requisitioned, Government is liable for what is technically known as terminal damages.

( 10 ) 'province of Bengal v. Board of Trustees for Improvement, Calcutta', AIR 1946 Cal 416 (A) has laid down on what basis compensation is to be assessed for the period of requisition. The requisitioning authority gets possession from the owner and becomes so to say a statutory tenant. The basis of compensation is the amount of fair rent. Find out, if possible what a plot of land with similar advantages and disadvantages