New Delhi: Farmers, whose land is being
acquired by government, should be compensated not only for
their land but also for the plantation on the land, the
Supreme Court has said.
A three-judge bench headed by Justice R V Raveendran set
aside the order of the Bombay High Court which had held that
once the compensation is awarded for the land, there cannot be
additional or separate compensation for the trees.
"If the land value had been determined with reference to
the sale statistics or compensation awarded for a nearby
vacant land, then necessarily, the trees will have to be
valued separately," the bench, also comprising justices H L
Gokhale and Gyan Sudha Misra, said.
"But if the value of the land has been determined on the
basis of the sale statistics or compensation awarded for an
orchard, that is land with fruit-bearing trees, then there is
no question of again adding the value of the trees. Further,
if the market value has been determined by capitalizing the
income with reference to yield, then also the question of
making any addition either for the land or for the trees
separately does not arise," the bench said.
The bench emphasised the need to compensate the farmers
as per the market value of the land.
"Compensation given by the government to farmers while
acquiring their land should be decided on the basis of its
market value," it said.
"We are afraid that the High Court has misread the said
decision in regard of valuing the land and trees separately,"
the apex court bench said while asking the High Court to again
hear the plea of farmers on the enhanced compensation for