HARI DATT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will also dispose of Civil Revisions No. 1705, 1706, 1707, 1708 and 1709 of 1979 as the question involved is common in all these cases. It is not disputed on behalf of the respondent State that the case requires reconsideration and hence to be remanded to the District Judge, Gurgaon for deciding the matter afresh.

(2.) According to the claimant petitioners, they were allowed compensation for the land acquired at the rate of Rs. 7/- per sq. yard subject to payment of court-fees. It is no more disputed that no further court-fees was paid by the claimants and thus, they were entitled to the amount on which the court-fee was paid. Their grievance is that no court-fee was payable on the amount of interest and solatium due to them under the Act and the executing Court has erred in adding the said amount also in the total amount of compensation for payment of court-fee. This obviously is wrong. The court-fee is to be paid on the market value of the land and not on the amount of interest and solatium which the claimants are entitled under the statute. With these observations, the case is sent back to the District Judge, Gurgaon for deciding the matter afresh hearing both the parties. The parties have been directed to appear before the said Court on 18th May, 1987. The records of the case be sent back forthwith.