PRAYAG CHAND Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS appeal is directed against the determination of the question of court fees, by the learned Single Judge that is payable in an appeal preferred by a claimant against the award of compensation by the District Court under Section 23 of the Land Acquisition Act, 1894 in a reference made under Section 18 of the Act of 1894.

(2.) THE appellant has preferred an appeal under Section 54 of the Act of 1894 against the determination of compensation by the learned District Judge to the extent he was aggrieved of it. THE appeal was presented on the court fee of Rs. 2/ -. THE appellant has also not mentioned the value and subject matter of the appeal. THE office raised an objection that the memo of appeal does not show the subject matter and value of the appeal and that the court fee payable on the memo of appeal against the award of compensation by the District Judge under Section 23 is ad valorem on the value of the subject matter of the appeal. In support of this objection, a reference was made to the decision of this Court in CMA (Defect) No. 1661/1994 decided on 7. 9. 1995 (1), deciding the like objections earlier and holding that the court fee of Rs. 2/- on the memo of appeal is not sufficient. In reply, thereof, learned counsel asserted that the memo of appeal was presented on the right court fee.

(3.) IT further transpires from the record that during all these proceedings, the special appeal was dismissed for want of prosecution on 26. 4. 2004. IT also transpires that the special appeal was ordered to be restored on 29. 7. 2004 by allowing the restoration application filed by the learned counsel on behalf of the appellant.