RAMAIAH Vs. SPECIAL LAND ACQUISITION OFFICER BANGALORE

JUDGEMENT

(1.) In this appeal presented under Section 54 of the Land Acquisition Act, the following question of law arises for consideration:

(2.) The brief facts of the case which have given rise to the above question are asfollow: The appellant, in his reference application under Section 18 of the Land Acquisition Act, claimed a compensation at the rate of Rs. 1,00,000/- per acre for the land acquired. The City Civil Court bearing the reference under Section 18 of the Land Acquisition Act, awarded a compensation at the rate of Rs. 61,500/- per acre. Aggrieved by the said award, the appellant has presented this appeal claiming the balance of compensation at Rs. 38,500A per acre. The extent of land acquired is 3 acres and 10 guntas. For 3 acres and 10 guntas, the total amount of compensation claimed by the appellant at the rate of Rs. 38,500/- per acre works out to Rs. 1,25,125/-. The appellant has paid the Court-fee on the said amount. However, according to the office, in the event of the appeal being allowed, 30% of Rs. 1,25,125/- will be the amount of solatium which the appellant will get under Section 23 of the Land Acquisition Act, and that the appellant was liable to pay the Court-fee on the said amount. The office has computed the Court-fee payable on the basis of the compensation claimed at the rate of Rs. 38,500/- per acre plus 30% solatium as follows: (a) Court-fee payable on the appeal memo Rs. 16,263-00 (b) Court-fee paid on the appeal Rs. 12,510-00 Deficit Court fee to be paid Rs. 3,753-00 According to the office, the said amount of Rs. 3,753/- is the Court-fee payable on the amount of Rs. 37,537-50 p. which would be the amount of solatium which the appellant will get in the event of his appeal being allowed.

(3.) Learned counsel for the appellant, contends that the office objection isuntenable. It is in these circumstances, The question set out above arises for consideration.