VISHNU KUMAR VERMA Vs. STATE OF C G

JUDGEMENT

(1.) Heard on I.A. No. 1416/2004, application for appropriate orders. This is first appeal filed under Section 54 of the Land Acquisition Act, 1984 (hereinafter referred to as "the Act") challenging the award dated 15.04.2002 passed by 6th Additional District Judge, Raipur in Land Acquisition Case No. 13/2001 by which reference made by the appellant under Section 18 of the Land Acquisition Act, 1984 has been rejected by the Reference Court holding that the compensation as assessed and awarded by the Land Acquisition Officer is just and proper. The appellant was having 3.188 hectares of land which was acquired by the respondents/State Authorities and was awarded only Rs. 2,71,424/- for the acquired land.

(2.) The Registry of this Court has taken an objection on 20.01.2004 stating that according to Section 8 of the Court Fees Act, 1870, ad valorem court fee as required by Clause 1A of Schedule 1 of the Court Fees Act, 1870 is required to be paid by the appellant according to difference between amount awarded and amount claimed by the appellant, but the appellant has not paid the requisite court fee along with memo of appeal and, thereafter, I.A. No. 1416/2004 was filed for appropriate orders.

(3.) Shri Sameer Uraon, learned counsel appearing for the appellant would submit that in appeal under Section 54 of the Land Acquisition Act, 1894 challenging the award of reference Court Article 11 of the Schedule II of the Court Fees Act would be applicable and fixed court fee would be payable and Section 8 of the Court Fees Act, 1870 would not be applicable and, therefore, appellant is not required to pay the ad valorem court fee and submits in view of above, the office objection deserves to be overruled.