STATE OF MAHARASHTRA Vs. RAMA MARUTI JAVALE

JUDGEMENT

(1.) HEARD Mr. K.K. Tated, learned Assistant Government Pleader for the appellant.

(2.) THE appellant acquired land admeasuring 04 H 81 R out of Gat No.748 of the respondent under the provisions of the Land Acquisition Act and compensation of Rs. 2228/- was awarded by the Land Acquisition Officer.

(3.) THE State has valued the appeal at Rs. 2832/- being the enhancement of the compensation awarded by the Court for the purposes of Court Fees and has accordingly paid the Court Fee Stamp thereon but, has not paid Court Fees on Rs. 789/ - being the solatium not on Rs. 10,011/- being the amount awarded under sub-section (1-A) of section 23 of the Land Acquisition Act. The State has given table of valuation for the purposes of Court Fees and Jurisdiction in the table at page No.5 annexed to the appeal memo. The appeal is valued at Rs. 2632/- for Court Fees (i.e. amount of enhanced compensation) and at Rs. 15,660/- for jurisdiction (i.e. aggregate of enhanced compensation, solatium thereon and compensation under section 23 (1-A) of the Land Acquisition Act, 1894.) The question that arises for my consideration is whether the valuation made for the purpose of Court Fees in this appeal is proper.