SURESH KUMAR Vs. TOWN IMPROVEMENT TRUST BHOPAL

JUDGEMENT

(1.) THIS is an appeal under Section 147 (a) of the Madhya Pradesh Town Improvement Trusts Act, 1960 (hereinafter referred to as 'the Act') against the decision of the Tribunal relating to compensation.

(2.) LAND belonging to the appellant has been acquired under the Act. As the appellant did not accept the compensation offered by the respondent, the Trust made a reference to the Tribunal under Section 72 (3) of the Act, The Tribunal awarded to the appellant compensation at the rate of Rupees 6,000/- per acre for the land, Rs. 5,000/-for the building, Rs. 3,000/- for the well and Rs. 815/- for the trees. Thus the Tribunal awarded a total sum of Rs. 1,20,060/- inclusive of interest as compensation to the appellant. The contention of the appellant is that he is entitled to compensation at the rate of Rs. 20/- per sq. yard for the land, Rs. 20,000/- for the building, Rs. 5,000/- for the well, Rs. 2,500/- for the trees and Rupees 10,000/- for loss of business and earnings. He thus claims a sum of Rs. 13,39,056/ -. He, however, affixed a Court-fee of Rs. 7. 50 on the memorandum of appeal treating it as an appeal under Article 11 of schedule II to the Court-tees Act. The office is of the view that ad valorem Court-fee is payable on the amount of compensation claimed, by the appellant in excess of that awarded by the Tribunal under Article 1-A of Schedule I read with Section 8 of the Court-fees Act, As the appellant did not agree with this view of the office, the matter went before the Taxing Officer who has referred it to the Taxing Judge for a decision whether ad valoren. Court-fee is payable.

(3.) THERE are fifteen other connected appeals of a similar nature out of which thirteen have been filed by the Improvement Trust for reducing the amount of compensation awarded by the Tribunal. A similar point is involved in these appeals and has been referred to this Court for decision by the Taxing Officer.