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2003 Supreme(Kar) 877

S.ABDUL NAZEER, T.S.THAKUR
KONKAN RAILWAY CORPORATION LIMITED, KARWAR, UTTAR KANNADA – Appellant
Versus
SPECIAL LAND ACQUISITION OFFICER-II, MANGALORE SUPER THERMAL POWER PROJECT, MULKI, DAKSHINA KANNADA – Respondent


Advocates:
H.M.MANJUNATH, PADUBIDARI RAGHAVENDRA RAO, R.VIJAYA KUMAR, SARAT CHANDRA BIJAI

TIRATH S. THAKUR, J.

( 1 ) MADE the following: in these appeals filed against the order of the Principal Civil Judge (Senior division), Mangalore, in proceedings under Section 18 of the Land acquisition Act, the respondent-landowner has raised a two-fold preliminary objection; one touching the maintainability of the appeal and the other, the liability of the appellant to pay Court fee. Mr. R. Vijaya Kumar, Counsel appearing for the landowner strenuously argued that the appellar did not have an unqualified right to file an appeal against the judgment of the reference Court and that even if any such right is conceded in his favour, the same could be exercised only after obtaining the leave of this Court. Alternatively, he argued that in an appeal preferred by the beneficiary of an acquisition also, Court fee was payable on the amount representing the difference between the amount awarded by the Land Acquisition Officer and that awarded by the Reference Court. The appellant had not, it was contended by Mr. Kurnar, paid the requisite Court fee on the differential amount which it was legally liable to pay.

( 2 ) MR. Padubidri Raghavendra Rao, Counsel appearing for the appellant on the o








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