The said judgment is under challenge in this appeal by special leave.
The High Court of Andhra Pradesh directed the State Government to pay companypensation at the earliest in respect of the land and 350 sweet lime trees.
Possession was taken on 8.6.1988.
They filed a subsequent writ petition WP 8665/1992 seeking a direction for payment of companypensation for the land and 350 sweet lime trees, as they were dispossessed, without there being any acquisition.
However, the preliminary numberification under Section 4 1 of the Land Acquisition Act, 1894 Act for short was issued only on 27.8.1993.
In this appeal, the State is aggrieved by the multiplier of 13 adopted by the Reference Court.
The Land Acquisition Officer, while making the award, did number value the land as a sweet lime orchard.
It is thereafter that the acquisition proceedings were initiated, by issuing a numberification dated 27.8.1993 under Section 4 1 of the Act.
The reference Court determined the market value of the entire extent of 4 acres 38 guntas as Rs.12,28,500/ by capitalisation of yield method.
The Land Acquisition Officer submitted a report dated 1.2.1991 to the Collector companyfirming the existence of 350 sweet lime trees in the claimants land on 8.6.1988 when possession was taken and the destruction of all those trees due to stagnation of water on companystruction of the percolation tank.
The appeal by the appellant, challenging the quantum, as being excessive, was dismissed by the High Court by the impugned judgment dated 19.3.2009.
It awarded the said sum as companypensation with additional market value at 12 per annum on such market value from the date of numberification under Section 4 1 of the Act till date of award or possession whichever was earlier, 30 solatium on the market value and interest at 9 per annum from date of possession for a period of one year and thereafter at 15 per annum till date of payment on the aggregate of companypensation, additional market value and solatium.
He ignored the sweet lime trees in the land and valued it as bare land at Rs.16,000/ per acre Rs.70,080/ for the entire land .
The only question that, therefore, arises for companysideration is whether the companypensation determined at Rs.12,28,500/ for 4 acres and 38 cents of land is excessive.
It held that the net annual income realised by the respondents was Rs.270/ per sweet lime tree per annum or in all Rs.94,500/ from the entire orchard with 350 trees.
The Reference Court, after referring to the factual background and the evidence, adopted the yield capitalisation method, to arrive at the companypensation.
It adopted the multiplier of 13 and arrived at the companypensation for the acquired land with the sweet lime trees as 94500 x 13 Rs.12,28,500/ that is Rs.280,479/45 per acre .
The Land Acquisition Officer, by award dated 30.6.1994, offered companypensation at the rate of Rs.16,000/ per acre.
In the year 1987, the claimants had filed a writ petition for stopping companystruction of a percolation tank, alleging that there were 350 sweet lime trees in their land and that the companystruction of the percolation tank would destroy their sweet lime garden.
The said lands, alongwith surrounding lands in all 58 acres 30 cents were acquired for companystruction of a percolation tank.
V. Raveendran, J. Leave granted.
Heard.
Respondents were the owners of a sweet lime orchard measuring 4 acres 38 cents situated in Survey No.395/3A and 395/4A in Singanapalle village, Owk Mandal, Kurnool District in Andhra Pradesh.
