STATE OF HARYANA versus GURCHARAN SINGH AND ANR. ETC.

STATE OF HARYANA versus GURCHARAN SINGH AND ANR. ETC.

Compensation for land and fruit bearing trees cannot be determined separately. Compensation is to be determined using an 8-year multiplier based on yield, and the High Court erred in enhancing compensation by 60%.

Parties
Appellant: State of Haryana; Respondents: Gurcharan Singh and Anr.
Jurisdiction
India
Judgment Date
18 January 1995
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals allowed
Legal Topics
Determination of Compensation, Multipliers for Value, Fruit Bearing Trees
Land Acquisition Determination of Compensation Multipliers for Value Fruit Bearing Trees

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Parties

State of Haryana

Appellant

Gurcharan Singh and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether compensation for land and fruit bearing trees can be determined separately
  2. 2 What is the appropriate multiplier for compensation based on yield from fruit bearing trees

Ratio Decidendi

Compensation for land and fruit bearing trees cannot be determined separately. Compensation is to be determined using an 8-year multiplier based on yield, and the High Court erred in enhancing compensation by 60%.

Court Disposition

Appeals allowed

Orders

  • Judgment and decree of the High Court is set aside
  • Award and decree of the reference court is affirmed