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IN THE HIGH COURT OF JAMMU AND KASHMIR
M.A. Chowdhary, J.
Munshi S/O Baj Khan Gujjar - Appellant
Versus
Union Territory of J Ammu And Kashmir Though Its Commissioner/Secretary - Respondent
WP(C) 33 OF 2020
Decided On : 28-02-2025
(A) Land Acquisition Act - Compensation for damages to fruit bearing and non-fruit bearing trees - Petitioners sought direction for release of assessed compensation for trees affected by PMGSY road alignment - Compensation assessed by Chief Horticulture Officer and Divisional Forest Officer - Court directed Collector to finalize acquisition proceedings and ensure payment within three months. (Paras 1-5)
(B) Administrative Procedure - Timeliness in processing compensation claims - The court emphasized the need for expeditious payment of assessed compensation to the petitioners. (Paras 5)
ORDER :
1. Through the medium of this petition, the petitioners seek a direction to the respondents to release compensation already assessed in their favour for causing damages to the fruit bearing and non-fruit bearing trees standing over the land of the petitioners, coming under the alignment of PMGSY road from Suli Gali (Shajroo) to Chakrass.
2. The respondents, particularly, Collector Land Acquisition (SDM), Mahor has stated in the para-wise reply that the Executive Engineer, Mahor vide letter No. EE/PMGSY/M/2019-20/326-28 dated 24.05.2019, requested the Collectorate to depute representative of the Horticulture Department to assess the compensation of the trees of the claimants beneficiaries and the Collector Land Acquisition (SDM) Mahor, vide letter dated 27.05.2019 referred the matter to the Chief Horticulture Officer, Reasi and Divisional Forest Officer, Mahor at Dharmari, for assessment of the trees.
3. It was further asserted that assessment for the compensation of the trees was received from the Chief Horticulture Officer, Reasi vide letter No. CHO/Rsl/1348 dated 11.10.2019 and from DFO Mahor vide letter No. DFO/MFD/1734-35 dated 29.10.2019 respectively and the value of the same has been calculated by them as follows:
| Particulars | Value of Trees (In Rs) | Assessed by | Schedule of Rates/Year |
| Value of Fruit Bearing Non Fruit Trees | Rs. 12068425.00 | Chief Horticulture Officer, Reasi | Not mentioned |
| Value of Non Fruit Trees | Rs. 1158484.00 | Divisional Forest Officer, Mahore | 2018 Schedule of rates |
4. The Collector Land Acquisition (SDM) Mahore, thereafter, requested the Indenting Department to arrange sufficient funds vide letters dated 25.10.2019, 25.11.2019 and 22.05.2023, so that the supplementary award may be issued granting compensation for the damage caused to their fruit/non-fruit trees in favour of the claimants/beneficiaries/petitioners.
5. In view of the fact that the compensation for the fruit bearing and non-fruit bearing trees has already been assessed, the instant petition is disposed of with a direction to the Collector concerned to finalize the acquisition proceedings, so that assessed compensation is paid expeditiously to the petitioners as per their settled claims, preferably within a period of three months, from the date a copy of this order is made available in the Collectorate.
6. Writ petition is, accordingly, disposed of in the above terms alongwith interim application(s). There shall be no order as to costs.
The court mandated timely payment of assessed compensation for damages to trees affected by road construction, emphasizing administrative efficiency in land acquisition processes.
Authorities must determine compensation for trees on acquired land after enquiry on ownership claim.
In a case where land value has been determined with reference to sales statistics, trees will have to be valued separately.
The court reaffirmed that compensation for lost trees must consider their accurately assessed age and value, allowing petitioners to appeal for adjustments as necessary under established legal provis....
Land acquisition - Compensation - no one can be deprived of his property otherwise than in due course of law.
The main legal point established in the judgment is the application of the income capitalization method and specific valuation methods for determining compensation under the Land Acquisition Act, 189....
Compensation for land and trees cannot be awarded separately when determined by income capitalization method, as it includes both values.
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