INDORE DEVELOPMENT AUTHORITY Vs. TARAK SINGH

JUDGEMENT

(1.) LEAVE granted.

(2.) THE appellant acquired the land under the Land Acquisition Act, 1894 (for short, 'Central Act') and on reference under S. 18, the District Judge, Indore enhanced the compensation from Rs. 25,000/ - to Rs. 88,000/ - per hectare. Dissatisfied therewith, the appellant filed the memorandum of appeal in the High Court and paid the fixed Court fee. By order dated 27.10.1993, the appellant was called upon to pay the ad valorem Court fee. Calling in question the order, the appellant filed these appeals by special leave.

(3.) HAVING considered the respective contentions, we are of the view that the Full Bench of the High Court of M.P. has laid down the law correctly. Section 3 (d) of the Central Act defines the 'Court' to mean a principal Civil Court of original jurisdiction. Section 18 of the Central Act gives right to the claimant or the owner of the land for seeking reference. The Collector is enjoined to make a reference for the determination of the objection raised by the claimant regarding either the measurement of the land or the amount of compensation. Thereafter, the Collector is obligated to make the statement to the Court in the manner prescribed under S. 19. On receipt thereof, under S. 20, the Court is to cause a notice served as mentioned therein. Under S. 22, the Court conducts the proceedings as a Civil Court. Sub -section (2) of S. 2, of the C.P.C. defines the decree and S. 2 (14), of the Code defines 'order'.