HARIVANSH Vs. PARSURAM

JUDGEMENT

(1.) LA. No. 12265/2009 in an application whereby the appellant counters the objection raised by the office for affixation of ad valorem Court fees on the memorandum of appeal preferred under Section 20 of the Coal Bearing Areas (Acquisition and Development) Act, 1957, whereon fixed Court fees under Article 11 of Schedule 2 of the Court Fees Act, 1876 has been affixed.

(2.) Fact giving rise to appeal briefly are that, the appellant instituted a claim under Sections 14 and 17 of the Act of 1957 before the Tribunal constituted under sub-section (14) for payment of compensation and its interest on account of acquisition of land bearing Khasra No. 100, admeasuring one acre situated at Village Madori, Tehsil Singrauli, District Sidhi being acquired for the purpose of excavation of coal. The Tribunal vide award dated 28-4-2001 and for the reasons assigned therein dismissed the claim petition.

(3.) It is this award which is being put to challenge in this appeal under sub-section (1) of Section 20 of the Act of 1957, by affixing the fixed Court fees. The office has, however, raised an objection that the ad valorem Court fees is payable. To resolve the controversy and since the matter pertains to revenue of the State, learned Advocate General was noticed, who is being represented by learned Govt. Advocate.