PER MR. JUSTICE R.K. BATTA, PRESIDING MEMBER

            In this revision, limited notice was ordered to be issued on 27.05.2011 to the respondents on the quantum of compensation and basis thereof.  The parties were informed that the matter may be finally disposed of at the admission stage itself.  

Heard the counsel for the parties.

          The District Forum had awarded compensation of Rs.2,85,000/- with 6% interest per annum from 02.05.2005.  The said amount was ordered to be paid within 30 days from the receipt of order and if the same was not paid within the stipulated time, the entire amount was to carry interest @ 9% per annum.  Besides this, the present petitioner was directed to pay cost of Rs. 1,000/-.

          The appeal filed by the petitioner before the State Commission was summarily dismissed.

          The complainant had sown soyabean crop in 19 acres and the District Forum came to the conclusion that the expected crop yield per acre was 10 quintals and the complainant would get total soyabean crop to the extent of 190 quintals.  The District Forum took the value of soyabean @ Rs. 1500/- per quintal and awarded total sum of Rs.2,85,000/- .

          To start with, we must point out that no basis or data was filed by the complainant in support of his claim that the crop yield per acre would be 15-16 quintals and the rate per quintal was Rs. 1500/-.  The only averment in the entire complaint on this aspect is in paragraph 9 (G) at page 13, which reads as under:

“The following amount be recovered from the defendants jointly and severally and applicant no. 1 be compensated.

G) income of Soyabean of 15 to 16 qtls per acre for 19 acres at the rate of Rs. 1500/-

                                                                                Rs. 427500.00”

In the written statement, the present petitioner had denied the contents of paragraph 9 and had specifically stated that the rate of soyabean claimed was without any basis. The District Forum had noted in its order that the complainant had not filed any documents for fixing per acre yield of soyabean crop.  However, it was noted that in paragraph 8 of reply given by the Seeds Corporation  to the complaint, it was admitted that in Umarga Taluka of Usmnabad District , the yield was 6-7 quintals per acre. 

In view of this, we are of the opinion that the yield of soyabean crop should be taken as 7 quintals per acre as admitted by the petitioner instead of 10 quintals per acre fixed by the District Forum. Though the complainant had demanded compensation @ Rs. 1500/- per quintal, no document was filed by the complainant to substantiate the said claim and, in fact, the District Forum had noticed in its order that no document had been filed on the rate per quintal of soyabean crop.  The District Forum awarded compensation @ Rs. 1500/- per acre which in our opinion is just, fair, equitable and reasonable since soyabean is quite expensive. The complainant shall, therefore, be entitled to total of Rs, 1,99,500/- (yield of soyabean per acre 7 quintal X Rs.1500/- being the rate per quintal). 

In view of the above, revision is partly allowed and the petitioner is directed to pay total compensation of Rs. 1,99,500/- with 6% interest thereon from 2.5.2005 till effective payment thereof.  The petitioner shall pay the entire amount due in terms  of this order within a period of six weeks from the date of receipt of the order failing which, the entire amount shall carry interest @12% per annum from the date of this order. The revision is allowed in the aforesaid terms, with no order as to costs.