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First Appeal No. 40 of .1969, decided on 10th September 1979.
‑‑ Ss. 23 & 24‑‑Compensation‑Principles for determination‑Principles laid down for determination of compensation, held, reflect anxiety of law‑giver to compensate those deprived of property adequately enough so as to be given gold for gold and not copper for gold. [Compensation].
Deputy Commissioner v. Abu Bakr P L D 1972 Kar. 128; Manzoor Hussain v. Multan Improvement Trust P L D 1972 Lab. 225; Bashir Hussain v. Land Acquisition Collector. Lahore Improvement Trust P L D 1970 Lab. 321; Municipal Council of Colombo v. Kunna Manna Newanna Suna Lechiman Chettiar P L D 1947 P C 40 ref.
‑‑ Ss. 23 & 24‑Garden land‑Valuation‑Approved method of valuing garden land with fruit‑bearing trees to capitalise its net income at twenty years annual record and to fix such with reference to nature of trees and other circumstances.
A I R 1950 Andh. Pra. 527; V. K. Rajammal v. Headquarter Deputy Collector, Vellore 25 I C 393 fol.
Shunmuga Velayuda Mudaliar v. Collector of Tanjore A I R 1926 Mad. 945 (2) ref.
‑‑‑ Ss. 23 & 24 read with S. 3 (a)‑Compensation for garden land‑Land covered by trees‑Market value of such land to be determined for land including trees as a whole and not by valuing trees separately from land.‑[Compensation].
Surendra Nath Biswas v‑ Staie of Bihar A I R 1962 Pat. 406 and Secretary of State v. Mehraj Din and another A I R 1933 Lab. 948 ref.
S. A. Hasnain for Appellant/Petitioner.
Mr. Mateen of K. A. Ghani & Co. for Respondent.
Dates of hearing : 21st August 1979.
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