LAND ACQUISITION AND REHABILITATION OFFICER Vs. RAMJIWAN

JUDGEMENT

(1.) These appeals arise out of land acquisition proceedings undertaken under the Land Acquisition Act, 1894 ( now repealed ) (hereinafter referred to as 'the LA Act') for the purpose of the Indira Sagar Project implemented by Narmada Hydroelectric Development Corporation (NHDC). The lands situated in Village Rawlas, Tehsil Khategaon, District Dewas, were acquired due to submergence, and after the issuance of notifications, compensation was awarded under the LA Act. Being aggrieved by the lesser amount of compensation awarded by the Land Acquisition Officer, the respective landowners filed their references under Sec. 18 of the LA Act before learned Additional District Judge Khategaon which were decided by judgments passed on 10/3/2017 whereby the compensation awarded has been enhanced. The present appeals have been preferred by the Land Acquisition Officer and other acquiring authorities challenging the enhancement of compensation.

(2.) These appeals have not been heard on admission years together because the issue related to court fees paid by the appellants remained in controversy. The appellants initially paid court fees by way of a franking machine and filed an application to accept the same as the court fees paid in these appeals. Vide order dtd. 30/10/2017, the application was rejected and thereafter no court fees have been paid in these appeals. In 2024, an application for recalling of order dtd. 30/10/2017 has been filed. Thereafter, this Court directed the Taxing Officer to submit a report on whether such court fees can be accepted or not. The Taxing Officer submitted a report that at that time there was no rule for payment of the court fees in the High Court by way of a Special Adhesive Stamp through the franking machine. Now, the appellants have filed a response to the aforesaid report to justify that such court fees have rightly been paid by way of a franking machine. Since these appeals have been pending since 2017 without even formal admission hence parties have been directed to argue on merit. If this court finds the appeal worth admission, then the appropriate direction will be issued for payment of court fee.

(3.) For the sake of convenience, facts narrated in F.A. No.226/2017 are being taken into consideration which are as follows:-