GWALIOR DEVELOPMENT AUTHORITY Vs. MST. KHUMANIA

JUDGEMENT

(1.) THIS appeal filed and registered as a miscellaneous appeal, is purportedly one under Section 54 of the Land Acquisition Act, 1894, from the order/award dated 11 -2 -91 of the District Judge, Gwalior, in MJC No. 45/89.

(2.) THE heading of the memorandum shows that though it was being valued at Rs. 2,12,877.50, a Court -fees of Rs. 7.50 paise was being affixed. The first point for consideration (before hearing the appeal at the stage of admission) is whether the Court -fees should have been paid ad valorem.

(3.) THE Appellant had paid Rs. 71,750/ - to Tulsi Ram, the owner of the acquired lands, as compensation at the time it took over the possession of the acquired lands on 17 -12 -1981. Tulsi Ram, preferred a claim for enhancement of the compensation. Ultimately, the District Judge, Gwalior, entertained the reference in compliance of the judgment of this Court in M. P. No. 1073/88 on 17 -4 -1989. The District Judge received the evidence of the parties and awarded Rs. 1,24,500/ - as compensation, solatium @ 30% under Section 23 (2) of the Land Acquisition Act and interest @ 9% per annum under Section 28 of the Act. The Appellant has filed an appeal praying in effect for the reduction of the amount under the award to Rs. 71,750/ -. Some provisions of the Land Acquisition Act, 1894, and the Court Fees Act, 1870, are being extracted below so as to facilitate the discussion on the subject under consideration. Part -III of the Land Acquisition Act, 1894, deals with the subject "Reference to Court and Procedure Thereon" Section 26, which falls in Part -Ill, bears the heading of "Form, of awards". It has two Sub -sections. Sub -section (2) was inserted in the Act by Section 2 of Act XIX of 1921. Section 3 of the aforementioned Act XIX of 1921 substituted the Original Section 54 by the existing Section 54. Section 26 and 54 of the Land Acquisition Act, 1894, run as follows: -