UNION OF INDIA (UOI) Vs. RAMAVTAR AND ORS.

JUDGEMENT

(1.) THIS appeal has been preferred by Union of India against the order of Civil Judge (S.D.) Sri Ganganagar dated 23.01.1995 passed in land acquisition proceedings under Section 18 of the Rajasthan Land Acquisition Act on reference made by the District Collector to the Civil Court.

(2.) THE only point involved in the appeal is with respect to interest and solatium and with respect of the date from which interest is payable to the claimants. Appellant -Union of India has not challenged the market value of the property determined by Civil Court nor they raised dispute with respect to any individual person's right to get compensation. It will be worthwhile to mention here that so far as the land cost is concerned, the Civil Court upheld the decision of the Land Acquisition Officer and has not enhanced the compensation.

(3.) LEARNED Counsel for the respondents also submitted that in view of the specific provision i.e., under Section 46 of the Rajasthan Court Fees & Suit Valuation Act, 1961, Court fees is payable on the difference between the amount awarded and the amount claimed by the appellant in appeal. This has two facets, one who is seeking enhancement of award and another is seeking reduction in the awarded amount. In the present case, the award has been passed by the Court below and the appellant is seeking reduction in the amount awarded, therefore, the negative difference amount is the valuation of appeal and, therefore, Court fees is leviable on the said difference amount. It is also submitted that the appellant themselves have admitted that they are liable to pay Court fees on the difference between the amount awarded and the relief which the appellant is seeking, which is apparent from memo of appeal wherein the appellant itself put the valuation of appeal as Rs. 1,37,23,102/ - Learned Counsel for the respondents relied upon Division Bench decision of this Court delivered in the case of Prayag Chand v. Land Acquisition Officer and Anr. reported in, 2005 (3) WLC (Raj.)143.