RAMLAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall also govern disposal of connected matters, the details of which have been given in the Annexure appended to this order.

(2.) THIS application has been filed under Section 151, CPC for refund of Court-fee paid by the petitioners in earlier set for litigation, which was at their instance.

(3.) THE facts giving rise to filing of this application are mentioned in nut-shell as under: The case has a long and chequered history. Petitioner's land was sought to be acquired for setting up of Centre for Advance Technology (CAT) and wholesale fruit market. Notifications under Sections 4 and 6 of the Land Acquisition Act were issued. The parties appeared before the Land Acquisition Officer and submitted their objections. Land Acquisition Officer passed an award in favour of the land owners. Being dissatisfied with the award reference was made to the Civil Court. The Civil Court passed an award enhancing the amount of compensation, but still being dissatisfied the petitioners as land owners preferred first appeals or cross-appeals in the appeals preferred by CAT against the same award. There were two batch of appeals. Both batch of appeals were decided by different Division Benches of this Court, on 11-5-99 and on 18-10-2000. The matters were remanded to the Reference Court as the sale deeds on which reliance was placed by the parties in the award were not proved either by examining vendor, vendee or attesting witnesses of the same. This remand had become necessary on account of the judgment of the Supreme Court reported in P. Ram Reddi and Ors. v. Land Acquisition Officer, Hyderabad, (1995) 2 SCC 305. While remanding the matter to the Reference Court following order came to be passed :-