GANGA DEVI & ORS. ETC. versus STATE OF U.P.

GANGA DEVI & ORS. ETC. versus STATE OF U.P.

The Compensation Officer must not arithmetically add the annual income figures computed under clauses (i) and (ii) of s. 39(1)(e) for determining average forest income. Income from processed wood is not forest income. Sayar income (such as from poola grass) should be computed and considered separately from forest income.

Parties
Appellant: Ganga Devi & Ors.; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
11 February 1972
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Allahabad High Court Dated 1 September, 1965 in First Appeals Nos. 513 of 1955 Etc.
Outcome
Appeals dismissed
Legal Topics
Computation of Compensation, Forest Income, Sayar Income, U.p. Zamindari Abolition and Land Reforms Act
Property Law Land Reforms Computation of Compensation Forest Income Sayar Income U.p. Zamindari Abolition and Land Reforms Act

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Parties

Ganga Devi & Ors.

Appellant

State of U.P.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Allahabad High Court Dated 1 September, 1965 in First Appeals Nos. 513 of 1955 Etc.

Legal Issues

  1. 1 Whether the average annual income under s. 39(1)(e) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 is to be computed by arithmetical addition of income under both clauses (i) and (ii)
  2. 2 Whether income derived by processing wood is forest income
  3. 3 Whether income from poola grass is sayar income

Ratio Decidendi

The Compensation Officer must not arithmetically add the annual income figures computed under clauses (i) and (ii) of s. 39(1)(e) for determining average forest income. Income from processed wood is not forest income. Sayar income (such as from poola grass) should be computed and considered separately from forest income.

Court Disposition

Appeals dismissed

Orders

  • The judgment and order of the High Court is upheld, with the modification that the Compensation Officer shall also take into consideration the income from poola grass for Prithipur forest for the years 1352 and 1353 Fasli, when determining sayar income. Each party shall bear their own costs.