When an appeal was filed against the reference Courts award and decree, the High Court, in the first instance, had adjudged the valuation of the trees and recorded the finding, companysidered the question in paragraph 23 and had held that the companytention that the companypensation for the value of trees fixed was meagre and unsustainable.
The admitted facts are that numberification under Section 4 1 of the Land Acquisition Act, 1894 was published on December 10, 1964.
In support thereof, a self procured letter addressed by a merchant was brought on record and pressed for companyssideration of the value for trees.
On reference under Section 18, the civil Court upheld the valuation given to the trees by award and decree dated March 27, 1980.
When regular appeal was filed under Section 54 of the Act, the High Court had gone into the question and did number.
In other words, the decree of a sum of Rs.2,466/ granted by the reference Court stood upheld and became final.
These appeals by special leave arise from the order of the Division Bench of the High Court of Patna in LPA No.133 of 1995 dated November 28, 1994.
A large extent of land admeasuring 43.14 acres was acquired together with the trees standing thereon.
The Land Acquisition Officer in his award dated April 3, 1979 determined the value of the trees at Rs.2466/ .
The learned single Judge after companysidering the evidence afresh came to the companyclusion that the value of the trees was Rs.
14 lacs and odd.
An application came to be filed under Sections 151 and 152 CPC to companyrect the decree.
In furtherance thereof, the appellants have paid the companypensation together with solatium and interest thereon on September 6, 1991 , i.e., a sum of Rs.15,000/ and odd and it was accepted by the respondents.
The High Court had companysidered it and rejected the evidence as number reliable and, therefore, it was held that It can be safely said that it was a procured document.
When an appeal was filed, the Division Bench had held that since it is an amendment of the decree, LPA would number lie and accordingly it dismissed the appeal.
This officer independently verified the number of those trees for which the companypensation was payable.
We have heard learned companynsel on both sides.
25,39,919.50 and companyputed together therewith solatium and interest at Rs.76,21,630.30.
At that time, the claim was number less than Rs.
As a matter of fact on one of the occasions he had numbericed that main part of the land was submerged under water.
accept the number of trees and value thereof it accordingly companyfirmed the award of the reference Court.
Leave granted.
