DURGI DEVI & ORS. versus STATE OF U.P.

DURGI DEVI & ORS. versus STATE OF U.P.

The High Court was correct in taking 20 years as the period for assessing average annual income from the forests, having considered relevant statutory guidelines. The Compensation Officer is required to appraise the annual yield on the date of vesting and include it in compensation calculations, applying both sub-clauses of Section 39(1)(e). No deduction for management expenses is permissible from forest income under Section 44.

Parties
Appellant: Durgi Devi & Ors.; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
05 April 1978
Procedural Posture
Civil Appeal / Decision on Cross Appeals Against Judgment of Allahabad High Court
Outcome
appeals dismissed
Legal Topics
Assessment of Compensation Under U.p. Zamindari Abolition and Land Reforms Act, Interpretation of Section 39(1)(e) and Section 44, Calculation of Average Annual Income From Forests, Deduction for Management Expenses
Land Reforms Compensation Law Assessment of Compensation Under U.p. Zamindari Abolition and Land Reforms Act Interpretation of Section 39(1)(e) and Section 44 Calculation of Average Annual Income From Forests Deduction for Management Expenses

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Parties

Durgi Devi & Ors.

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Civil Appeal / Decision on Cross Appeals Against Judgment of Allahabad High Court

Legal Issues

  1. 1 Whether period of 20 years was rightly taken for calculating average annual income under Section 39(1)(e)(i)
  2. 2 Whether compensation officer must appraise annual yield of forests on date of vesting and take such yield into account under Section 39(1)(e)
  3. 3 Whether deduction of 15% for management expenses under Section 44(c) applies to forest income assessed under Section 39(1)(e)

Ratio Decidendi

The High Court was correct in taking 20 years as the period for assessing average annual income from the forests, having considered relevant statutory guidelines. The Compensation Officer is required to appraise the annual yield on the date of vesting and include it in compensation calculations, applying both sub-clauses of Section 39(1)(e). No deduction for management expenses is permissible from forest income under Section 44.

Court Disposition

appeals dismissed

Orders

  • Appeals fail and are dismissed; no order as to costs.
  • Compensation Roll to be prepared on basis of Rs. 40,000/- annual income from forests plus average income from Sayar.