GUNASEKAR Vs. SPECIAL TAHSILDAR ADI DRAVIDAR

JUDGEMENT

(1.) ALL the Civil Revision Petitions relate to payment of Court fee payable by owners of land or persons interested on filing an appeal under Section 9 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, 1978 (Tamil Nadu Act 31 of 1978) (hereinafter called "the Act 31 of 1978") seeking enhancement of amount paid as compensation for the land acquired under the aforesaid Act. C. R. P. (PD) No. 1817 of 2007:

(2.) THIS revision petition has been filed by the owners or the persons interested who are aggrieved by the order and decretal order dated 13.9.2004 passed in Check Slip No. 201/XXV/S in C.M.A.No.7 of 1999 on the file of the II Additional Subordinate Judge, Tirunelveli.

(3.) THE revision petitioners/appellants filed their objection stating that the Special Tahsildar fixed the amount payable for the land acquired. If the land owner is not satisfied under the Act, he can make a request to refer the claim to the concerned Sub Court. In law, it is a petition claiming enhanced amount. THEre is no difference between a reference made under the Land Acquisition Act, 1894 and the Acquisition of Land under Tamil Nadu Act 31 of 1978. But for administrative convenience the reference made under Land Acquisition Act 1894 is numbered as Original Petition and the reference made under the Tamil Nadu Act 31 of 1978 is numbered as Civil Miscellaneous Appeal. In effect, both are references made by the Land Acquisition Officer upon the request of the land owner. Hence, Section 51 of the Court Fees Act is not applicable to the facts of this case. THE Court fee paid already is correct.