TILAK RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) IN March 1970, some land belonging to the appellants had been acquired under the Requisitioning and Acquisition of Immoveable Property Act, 1952 (hereinafter referred to as 'the Act').

(2.) AGGRIEVED against the award of the Land Acquisition Collector, the appellants filed appeals in this court seeking enhanced compensation. The learned Single Judge, by this judgment of April 6, 1983 enhanced the rate of compensation for the land acquired to Rs. 200/ - per marla. The compensation payable to the landowners was, however, made subject to the claim made by them and the court -fee payable thereon.

(3.) ACCORDING to the court -fee paid by the appellants, they were not entitled to compensation at the rate awarded, that is, Rs. 200/ - per marla. They consequently applied to the Registrar (Judicial) of this Court by their letter of April 23, 1983 for permission to affix ad valorem court -fee on the Memorandum of Appeal. The requisite court -fee was annexed with this letter. The appellants were, however, advised by the Registry to move a regular application on the judicial side and this is what led to civil miscellaneous application being filed for permission to pay additional ad valorem court -fee, which was, however, dismissed by the learned Single Judge by his order of November 22, 1983. It is this order that is now challenged in appeal here.