Summary
Compensation for acquired pomegranate trees was enhanced to Rs.2,000 per tree with statutory benefits. The Court found error in using a later government valuation rate and accepted the nine-year multiplier analysis, but ultimately fixed a case-specific lump-sum amount. A Rs.3,000 award concerning a substantially later acquisition was not automatically applicable.
Issues
- What compensation was appropriate for the pomegranate trees in this acquisition.
Held
- The valuation governing the Section 4 notification date mattered; reliance on the later 1992 government order was erroneous. With three-year-old trees and a fruit-bearing period of at least twelve years, the nine-year multiplier was appropriate. (¶ 13)
- Fruit-tree compensation depends on the case’s circumstances, including planting and raising costs over time. The comparator award concerned a 1999 award rather than this 1992 award, so its Rs.3,000 rate could not be transplanted. The Court fixed Rs.2,000 per tree here. (¶ 14–16)
Result
Appeal partly allowed; compensation enhanced to Rs.2,000 for each pomegranate tree, with solatium, interest and other statutory benefits.