THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B. CHANDRA KUMAR A.S.No.158 of 1991 JUDGMENT: (per Hon’ble Sri Justice A. Gopal Reddy) This appeal, under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’), is directed against the order, dated 27.09.1989 passed by the Subordinate Judge, Bhimavaram, in O.P.No.58 of 1984 confirming the compensation awarded by the Land Acquisition Officer at Rs.640/-. There is no dispute with regard to number of coconut trees. The appeal is confined only in respect of 43 coconut trees as accepted by the Land Acquisition Officer while awarding compensation for coconut trees at Rs.40/- per tree with 16 multiplier in his Award No.3/83-84, dated 28.09.1983. The large extent of land belonging to the claimants along with coconut trees belonging to appellants 10 to 12, who are claimant Nos.24 to 26 in the above O.P., were acquired for the purpose of providing house sites to Municipal workers, Harijans and other weaker sections of Bhimavaram Town, by issuing notification under Section 4 (1) of the Act dated 13.08.1981. Possession of the land was taken on 3.12.1981. The Land Acquisition Officer, after conducting award enquiry, fixed the market value at Rs.40/- per each coconut tree, with 16 years multiplier, which works out to Rs.640/- per tree. On reference being made to the civil Court, the civil Court by the impugned order dated 27.09.1989 confirmed the award passed by the Land Acquisition Officer. Seeking enhancement of compensation for 43 coconut tees @ Rs.2000/- per tree, the present appeal is preferred by the claimants. We have heard Sri C.C.S. Sastry, learned counsel for the appellants/claimants and the learned Government Pleader for Land Acquisition. According to the claimants there are 60 coconut trees, whereas as per the land acquisition proceedings 43 trees existed on the land. But the appeal itself is filed claiming enhancement of compensation for 43 trees at Rs.2000/- per tree. The Land Acquisition Officer, as RW.1, deposed that he fixed value of each coconut tree at Rs.40/- per tree per year which works out at Rs.37,740/- by multiplying the same with 16 years by applying capitalization method. But the evidence of PW.4, who was examined by the claimants, shows that the life of the coconut trees is about 70 years and they yield about 40 to 50 coconuts on average and there will be 8 to 10 pluckings if the season and the management are good. He found 42 coconut trees in consonance with the award, and out of them, one coconut tree is not of fruit bearing age. According to him, the trees are aged about 30 years. But the claimants claim that they used to get about 1100 coconuts in a year and get an income of Rs.1100/- @ Rs.1/- per each coconut. RW.1 admitted that the claimants will get about 20 to 30 coconuts per year, for each plucking, but according to the evidence of PW.4 the claimants are getting 10 coconuts per a tree and there are about 9 pluckings in a season. Therefore, we can safely take Rs.100/- per each coconut tree, as the evidence shows that they are not healthy trees, and after deducting the expenditure involved, if the same is multiplied by 10, the income of each tree can be fixed at Rs.1000/-, i.e., Rs.360/- more than the amount awarded by the land acquisition officer. Accordingly, the appeal filed by the claimants is allowed fixing the compensation per each coconut tree at Rs.1000/- with 10 multiplier. It is made clear that the claimants are also entitled to 12% additional market value on the enhanced compensation so arrived, from the date of 4(1) notification i.e., 13.08.1981 till the date of taking possession i.e., 3.12.1981; 30% solatium on such compensation (-) already awarded by the land acquisition officer; interest @ 9% p.a., from the date of taking possession i.e. 3.12.1981 for a period of one year and thereafter, 15% p.a., till the amount is deposited. The appeal is partly allowed. There shall be no order as to costs. ___________________ (A.GOPAL REDDY, J.) ____________________ (B. CHANDRA KUMAR, J.) 10th August, 2009 Js.