HAJARILAL AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal valued at Rs. 1,95,72,450/-, has been preferred as M. A. No. 215/2005 under Section 54 of the Land Acquisition Act against an award passed by First Additional District Judge, Katni in Land Acquisition Case No. 66/2000, 68/2000 and 18/2001 on 6-10-2004. The Court fee which has been paid is Rs. 15/- payable on miscellaneous appeal. An application has been filed under Section 149 of CPC in which prayer has been made that appellant may be allowed to make payment of Court fee at the time of final decision of the appeal on compensation which may be determined. Another application has been filed to convert the miscellaneous appeal into first appeal.

(2.) AD valorem Court fee is required to be paid on the valuation made in the appeal, of which enhancement has been prayed for in the appeal.

(3.) SHRI S. K. Dwivedi, learned Counsel appearing for the appellant has submitted that appellant may be allowed to make the payment of Court fee at the time of final decision of the appeal on compensation, which may be determined and miscellaneous appeal be allowed to be converted into first appeal. He has placed reliance on a decision of this Court in Bhag Singh and Ors. v. Union Territory of Chandigarh through the Land Acquisition Collector, Chandigarh 1985 MPLJ 523.