INDORE DEVELOPMENT AUTHORITY Vs. TARAK SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant acquired the land under the Land Acquisition Act, 1894 (for short, 'Central Act') and on reference under S. 18, the District Judge, Indore enhanced the compensation from Rs. 25,000/- to Rs. 88,000/- per hectare. Dissatisfied therewith, the appellant filed the memorandum of appeal in the High Court and paid the fixed Court fee. By order dated 27-10-1993, the appellant was called upon to pay the ad valorem Court fee. Calling in question the order, the appellant filed these appeals by special leave.

(3.) The High Court has relied upon its Full Bench decision reported in State of M.P. v. Goverdhandas 1993 Jab LJ 280. The Principal contention of Shri V.R. Reddy, the learned Additional Solicitor General, is that the appellant is not a claimant. Section 8 of the M.P. Court Fees Act, 1870 (for short, 'the Act') has no application to the facts in this case. Article 11 of Schedule II of the Act is applicable and that, therefore, they are required to pay only the fixed Court fee prescribed thereunder. He also seeks to canvass the correctness of the judgment of the Full Bench in that behalf.