Trees To Be Valued Separately When Acquired Land Value Is Determined With Reference To Sales Statistics
Case: Bhupendra Ramdhan Pawar vs. Vidarbha Irrigation Development Corporation
Coram: Justices Ajay Rastogi and Abhay S. Oka
Case No: CA 5611-5612 OF 2021
Court Observation: 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. 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 capitalising 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. In this case, the determination of market value was not with reference to the yield. Nor was the determination of market value in regard to the land with reference to the value of any orchard but was with reference to vacant agricultural land. In the circumstances, the value of the trees could be added to the value of the land.
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Keywords
Trees, Valued Separately, Acquired Land Value, Sales Statistics
