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1983 Supreme(P&H) 71

S.S.SANDHAWALIA, I.S.TIWANA
Ranjit Singh – Appellant
Versus
Union Territory Of Chandigarh – Respondent


Judgment

I.S.TIWANA, J.

1. In these R.F. As. Nos.280 and 284 of 1980; 962, 1112 to 1115 and 1397 of 1981; and L.P. As. Nos.85, 86, 865, 941 and 990 of 1980, the principal question that arises for consideration relates to the market value of claimants orchard land acquired under the provisions of the Land Acquisition Act, 1894 (for short, the Act). Answer to this question incidentally also involves the consideration of the correctness of two Single Bench judgments of this Court in R.F.A. No.1375 of 1977 (Nanak Singh V/s. Union Territory of Chandigarh), decided on Oct.15, 1979*and R.F.A. No.1137 of 1979 (Gurucharan Singh V/s. State of Haryana), decided on May 21, 1981 wherein a view has been expressed that the fruit trees growing in such land have only to be evaluated as timber. In the first of these two judgments, the learned single Judge has followed the ratio of his judgment in R.F.A. No. 658 of 1978 (Matu V/s. State of Haryana) which is now the subject matter of the abovenoted L.P.A. No.865. Ratio of Nana Singh case (supra) has been followed in Gurucharan Singh s case (supra). The learned counsel for the parties are agreed that to resolve the controversy noted above, only records


























































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