UNION OF INDIA Vs. KANTI SHARMA

JUDGEMENT

(1.) THIS is a reference made by the Division Bench that in an appeal under the Requisitioning and Acquisition of Immovable Property Act, 1952, the court-fee should be paid ad valorem or fixed as required under Article 11 of Schedule-II. The Division Bench of this Court has made reference whether the decision given by the Division Bench in Misc. Appeal No. 165 of 1985, Mukund Das Maheshwari and Anr. v. Union of India, decided on 3-9-1985, lays down the correct law or not. The Division Bench has observed that the decision in the case of Mukund Das Maheshwari (supra) runs counter to the decision of Hon. Supreme Court given in the case of C. G. Ghanshamdas and Ors. v. Collector of Madras, AIR 1987 SC 180, and a Single Bench decision of this Court in case of Union of India through the Defence State Officer, M. P. Circle, Jabalpur Cantt. v. University of Saugor and Ors. , 1986 MPLJ 678 and also in Indore Development Authority v. Tarak Singh and Ors. , AIR 1995 SC 1828, wherein the Hon. Supreme Court has approved the Full Bench decision of this Court in the case of State of M. P. . v. Goverdhandas, 1993 MPLJ 536 = AIR 1993 MP 70.

(2.) THE brief facts giving rise to this reference are that an appeal was preferred Under Section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as the Act of 1952') and in that an objection was raised by the learned counsel for the respondent that on the memorandum of appeal against order determining the compensation payable in respect of the property of the respondent requisitioned, the ad valorem court-fee has not been paid; therefore, the appeal preferred by the Government of India is liable to be dismissed.

(3.) WE have heard the learned counsel for the parties and perused the records.