ORDER

A.N. Varma, J. - This petition has come upon remand by the Supreme Court which set aside an earlier order passed by this Court dated 19-9-1979 whereby the petition was dismissed on the ground that the same had been filed beyond 90 days of the passing of the impugned order. Remanding the case the Supreme Court has observed that there is no fixed period of limitation prescribed for petition under Article 226 of the Constitution. What is to be seen is whether the petitioner is guilty of laches. In the present case there were no laches.

2. The question which arises for consideration is whether the authorities under U. P. Imposition of Ceiling Land Holdings Act, 1960 have correctly determined the amount of compensation for the fruit bearing trees standing over the land belonging to the petitioner declared surplus under the Act and vested in the State. The prescribed authority determined the compensation payable to the petitioner for the trees which consisted of apple, apricot, peaches and plum trees at Rs. 8,17,000.80. Aggrieved by the order, the petitioner filed an appeal which has been partly allowed by the learned 1st Addl. District Judge, Nainital. The appellate Court determine