LexHARBANS KUMARI AND ORS. versus STATE OF UTTAR PRADESH
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HARBANS KUMAR! AND ORS.
v.
STATE OF UTTAR PRADESH
October 6, 1978
[JASWANT SINGH AND A. P. SEN, JJ.]
U.P. Zamindari Abolition and Land Reforms Act, 1950 (Act 1 of 1951).
Section 39 ( 1) (e), interpretation of-Computation of compensation.
On the vesting of the forests belonging to the appellants in the State of U.P.
by
virtue of Section 4 of the U.P. Zamindari Abolition and Land Reforms.
Act, 1950 (Act 1 of 1951). the question arose about the assessment and pay-
ment of co111pensation therefor to the heirs of the intermediary.
The com-
pensation officer held that the average annual
inco.me from the said forests
which could be taken into consideration while computing its compensation was
Rs. 4551/- as disclosed by the appellants' accounts for a period of 22 years
pr~ceding the date of vesting in terms of clause (i) of Section 39(l){e) of
the Act and Rs. 450/- was its annual yield on the date of vesting as per terms
of clause (ii) of Section 39(l)(e) of the Act. The compensation officer held
that Rs. 5001/- was the annual income from the aforesaid forest to the inter-
mediaries. The High Court in appeal held that Rs. 2000/- and not Rs. 450/-
was the income under clause (ii) of Sectiolll 39(1)(e) of the Act and therefore-
ca.me to the conclusion that Rs. 3000/- was the ave.rage annual income on the
basis of \Yhich gross assets had to be calculated in computation of compensa-
tion in respect of the said forest.
Dismissing the appeals by certificate the Court,
HEW: I. The opening words of Section 39(1)(e) of the U.P. Zamindari
Abolition Acti 1950 which is couched in very emphatic terms govern not only
clause (1), but also clause (il.) of the Section.
Consequently neither of the
two factors mentioned in Section 39(l)(e) of the Act can be ignored while
computing the average annual income.
The connotation of the word 'average'
does not admit of any doubt. [3 lA-B]
(ii) On a true construction of Section 39(1)(e) of the Act, it is clear that
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the Legislature cast an obligation on the compensation officer to work out the
compensation by computing the average annual income giving due weight to
both the factors mentioned
in the aforesaid clauses
(i)
and (ii). He
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cannot adopt either
of these sub-clauses. Under
sub
clause
(ii)
the annual yield on the date of vesting is to be appraised by taking into consi-
deration, inter alia, the number and age of the trees, the area under forest and
the produce. [3 IC, 32E]
Durgi Devi and Ors. v. State of U.P. [1978] 3 SCR p. 595, Ganga Devi v.
State of U.P., [1972] 3 S.C.C. 126; applied.
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HAJ\BANS KUMAR! v. u. P. STATE (laswf;lnt Singh, l.)
29
CIVIL APPELLATE JURISDICTION : Civil Appeals Nos. 171, 171A-
A
1710 of 1969.
From the Judgment and decree dated 10-12-1963 of the A!Jahabad
High Court in First Appeal No. 511/55.
Lal Narain Sinhil, P. P. Singh, I. B. Dadachilnji, K. John and J.
Sinha for the Appellants.
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;,.
.G. N. Dikshit and M. V. Goswami for the Respondent.
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The Judgment of the Court was delivered by
lASWANT SINGH, J. These five appeals by certificates under Article
133(1)(c) of the Constitution granted by the High Court of Judica-
C
ture at Allahabad shall be dis~ed of by this judgment as they raise
a common question relating to the interpretation of section 39 (1) ( e)
of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (Act
No. 1 of 1951) (hereinafter referred to as 'the Act').
As the facts giving rise to these appeals are identical, it shall suffice
to narrate the facts of the case culminating in Appeal No. 171 of 1969.
The predecessor-in-interest of the appellants, the late Jodha Mal,
owned several private forests in the State of U.P. including the one
consisting of tliNe compartments comprising a total area of 484.57
acres in village Rajiwala Attick Farm, Mahal Sansar in District Dehra-
dun.
On the vesting of the said forest in the State of U.P. by virtue
of s•ection 4 of the Act, the qut<Stion arose about the ru;sessment and
payment of compeTisation therefor to the heirs of the intermediary.
On service of draft compeJ1Sation roll prepared undtr section 40 of
the Act, each one of the appellants, filed separate objections in regard
thereto before the Compensation Offioer, Dehradun, who disposed of
the samc by bis order dated August 31, 1953 holding that the average
annual income for the said forest which could be taken into considera-
·tion while computing its cExcerpt shown. Read the full judgment & AI analysis in Lexace.