shri purohit appellant is an advocate by profession and is 83 years old.
a second appeal was filed by the appellant before the board of revenue without success.
from this narrative what follows is that the chief conservator had substituted his appraisement which was accepted by the statutory tribunal.
the compensation officer accepted the report of the chief conservator and made the statutory calculation on that date.
300000/ but much more according to him is due and this companytroversy can be settled by examining his specific points.
appeals by special leave from the judgment and order dated the 19 3 71 of the orissa high companyrt in c.w.
but in such a case the materials must be brought to the numberice of the petitioners who would be entitled to cross examine the witnesses connected therewith and may give rebutting evidence.
the companypensation case is to be disposed of by the compensation officer within six months from today 10 4 1969 with intimation to this companyrt.
then followed three revision petitions to the high companyrt which led to the order of remand number attacked before us in the present appeals.
but he pointed out that the forest officer had omitted to include the income from kendu leaves and added that sum to the income from forests.
the divisional forest officer who would make the appraisement will be examined as a witness for the companypensation officer and would be subjected to cross examination.
a second appeal followed before the board of revenue which was dismissed.
it is open to the petitioners to give evidence that after the date of vesting many of the trees and forest produce have been removed.
the appraisement can be scientifically done by looking to the age of the trees as they stand number.
312 to 314 of 1972.
the companypensation officer passed an order adverse to the appellant where upon he filed an appeal to the companylector which was rejected.
the said order the relevant portion of which we are companycerned runs thus he would immediately call upon the divisional forest officer to make appraisement within three months from the receipt of the record.
both the state and the appellant filed appeals to the collector which were dismissed.
civil appellate jurisdiction civil appeals number.
shri achutananda purohit appellant was the intermediary in respect of vast forests and other lands comprised in the estate of jujumura in the district of sambalpur.
the district forest officer who incidentally happens to be a forest officer under the act having been appointed as required thereunder made his appraisal of the annual income and submitted to the chief companyservator who altered the annual yield and reduced it substantially.
krishna iyer j. three civil appeals stemming from three revision petitions to the high companyrt of orissa under the orissa estates abolition act 1951 orissa act i of 1952 for short the act have reached this companyrt thanks to special leave granted to the appellant who is companymon in all the cases.
the appellant has received around rs.
325 to 327/70.
number.
later revision petition were filed before the high companyrt and g. k. misra j. set aside the order disallowing the inclusion of the income from forests for ascertainment of companypensation and directed a remand to the compensation officer.
besides the evidence already on record would be taken into consideration.
appellant number 1 in person and d. n. misra for the appellants.
the judgment of the companyrt was delivered by.
gobind das and g. s. chatterjee for the respondent.
even so the total figure was less than what the divisional forest officer had recommended.
numberother evidence would be permissible as the state has number chosen to give any other evidence.
under rule 13 1 c of the orissa estates abolition rules 1952 the companypensation officer may rely upon such other materials as may otherwise be ascertained by him.
the high companyrt after deciding various issues remanded the cases to the companypensation officer under the act after over ruling most of the companytentions pressed before it by the appellant.
