(KOPPAKA) BRAHMANANDAM Vs. SECYOF STATE

JUDGEMENT

(1.) The question that has been referred to me is whether an appellant whose lands were acquired under the Land Acquisition Act (1 of 1894), but who, being dissatisfied with the amount of compensation awarded to him by the Court on a reference made to it under Section 18 of the Act, appeals to the High Court, is bound to include in the valuation of his appeal the amount of 15 per cent of the excess market value, and pay court-fee thereon, or whether he is entitled to value his appeal only at the excess market value claimed by him and pay court- fee on that amount only, while insisting in case of success in the appeal that he should be decreed not only the excess market value claimed by him but also 15 per cent on the same.

(2.) The answer to this question turns on the proper construction to be placed on Section 8, Court-fees Act. Section 8 runs in these terms: The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes shall be computed according to the difference-between the amount awarded and the amount claimed by the appellant.

(3.) It was argued on behalf of the appellant that under Section 23, Sub-section (1), Land Acquisition Act, the amount of compensation to be awarded is determined by the considerations mentioned in Clauses 1 to 11 of the section and that in construing Section 8, Court-fees Act, the expression "the amount awarded" should be taken to cover only the amount awarded having regard to the considerations mentioned in Clauses 1 to 6 only of Section 23 and that the expression, amount claimed" in Section 8 should also receive a similar construction, I am unable to accede to that contention. Under the Land Acquisition Act, it is the amount of compensation that should be allowed for the land that has to be determined; and in determining the amount of compensation the Court has to take into consideration not only the provisions of Clauses 1 to 6, Section 23, Sub-section 1, but also the provisions of Sub-section 2 of that section. Sub-section 2, Section 23 expressly enacts: In addition to the market value of the land as above provided, the Court shall in every case award a sum of 15 per centum on such market value in consideration of the compulsory nature of the acquisition,