Sanjay K. Agrawal, J.

1. Heard on I.A. No. 1416/2004, application for appropriate orders. This is first appeal filed under Section 54 of the Land Acquisition Act, 1984 (hereinafter referred to as "the Act") challenging the award dated 15.04.2002 passed by 6th Additional District Judge, Raipur in Land Acquisition Case No. 13/2001 by which reference made by the appellant under Section 18 of the Land Acquisition Act, 1984 has been rejected by the Reference Court holding that the compensation as assessed and awarded by the Land Acquisition Officer is just and proper. The appellant was having 3.188 hectares of land which was acquired by the respondents/State Authorities and was awarded only Rs.2,71,424/- for the acquired land.

2. The Registry of this Court has taken an objection on 20.01.2004 stating that according to Section 8 of the Court Fees Act, 1870, ad valorem court fee as required by Clause 1A of Schedule 1 of the Court Fees Act, 1870 is required to be paid by the appellant according to difference between amount awarded and amount claimed by the appellant, but the appellant has not paid the requisite court fee along with memo of appeal and, thereafter, I.A. No. 1416/2004 was filed for appropriate orders.

3. Shri Sameer Uraon, learned counsel appearing for the appellant would submit that in appeal under Section 54 of the Land Acquisition Act, 1894 challenging the award of reference Court Article 11 of the Schedule II of the Court Fees Act would be applicable and fixed court fee would be payable and Section 8 of the Court Fees Act, 1870 would not be applicable and, therefore, appellant is not required to pay the ad valorem court fee and submits in view of above, the office objection deserves to be overruled.

4. In order to understand the controversy, it would be appropriate to notice Section 8 of the Court Fees Act and Rule 11 of Schedule II of the Court Fees Act, which read as under:--

Number Proper fee

11. Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree, and is presented- (a) hen presented to High Court Seven Rupees and fifty paise

(b) When presented to Civil Court other than the High Court Three Rupees.

8. Fee on memorandum of appeal against order relating to compensation.--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.

And

Article II Schedule II of Court Fee Act:--

5. A bare perusal of the Rule II of Schedule II of the Court Fees Act, 1870 would show that fixed court fee would be payable when the appeal is not from a decree or an order having the force of a decree, and is present to the Competent Court.

6. Section 26(2) of the Land Acquisition Act, 1894 provides form of awards which reads as under:--

26. Form of awards.--(1) ................... (2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of section 2, clause (2) and section 2, clause (9), respectively, of the Code of Civil Procedure, 1908.

7. Thus, by virtue of Section 26(2) of the Land Acquisition Act, 1894 the award passed by Land Acquisition Officer under the provisions of Land Acquisition Act shall be deemed to be a decree and statement of the grounds of every such award a judgment with in the meaning Section 2(2) & 2(9) of the Code of Civil Procedure.

8. Section 54 of the Land Acquisition Act, 1894 provides as under:--

54. Appeals in proceedings before Court.--Subject to the provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or from any par