SHEO NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the award of the Additional District Judge, Delhi, made upon a reference under section 18 of the Land Acquisition Act, 1894, whereby he determined the market value of the land in question at Rs. 3,000.00 per bigha. He calculated thei amount payable to the appellants at Rs. 25,920.00. He also awarded Rs. 3,888.00 as solatium at 15% of the market value. The appellants have claimed compeasation at an average rate of Rs. 4,500 per bigha. Accordingly, thei appellants have claimed enhancement of the market value by Rs. 85,370.00. They have further claimed a sum of Rs. 12,806.25 as solatium, at 15% on the said amount of Rs. 85,370.00.

(2.) The appellants have paid court fee on the memorandum of appeal under Schedule I Article I of the Court Fees on the said amount of 85,370 but they have not paid court fee on the said amount of Rs. 12,806-25 claimed in the appeal as solatium. A question has thus arisen whether the appellants are liable to pay ad valorem court fee under Schedule I, Article I of the Court Fees Act ad valorem on Rs. Rs. 12,806.25 also.

(3.) The argument on behalf of the appellants is that the said amount of,Rs. 12, 806.25 claimed as solatium in the appeal is not a subject matter in dispute in the appeal within the meaning of Schedule I, Article I of the Court Fees Act because, it is contended, solatium is not a part of the amount awarded by the Court under section 18 of the Land Acquisition Act, nor is it a part of the amount claimed in the appeal.