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2015 Supreme(Guj) 453

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Paresh Upadhyay, J.
Raj Dilawarsinh Chandrasinh's Heirs Mahendrasinh and Ors. - Appellants
Vs.
Gail (Gas Authority of India Ltd.) and Ors. - Respondent
Special Civil Application Nos. 12052 of 2008, 2404 of 2013, 4139 of 2013 to 4838 of 2013, 4841 of 2013 to 5340 of 2013, 5342 of 2013 to 5541 of 2013, 5543 of 2013 to 5742 of 2013, 5744 of 2013 to 6043 of 2013, 6047 of 2013 to 6146 of 2013, 6167 of 2013 to 6266 of 2013 and 6269 of 2013 to 6624 of 2013
Decided On : 11.08.2015

Advocates Appeared:
For the Appellant :Mihir Joshi, Senior Advocate and M.T.M. Hakim, Advocate
For the Respondents:Shalin Mehta, Senior Advocate for Trivedi & Gupta

Headnote:

Constitution of India, 1950 - Article 226 - Gujarat Court Fees Act, 2004 - Section 20(xv) - Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, Section 10(2) - Acquisition of right of user in land - For laying pipelines for transport of gas - Compensation awarded - whether the State Government is empowered to charge any fee, under the Gujarat Court Fees Act, 2004, on an application, that may be filed by any party to the District Judge, invoking Section 10 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 read with Rule 5 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Rules, 1963, and if that is so, at what rate the said fee is to be paid and further praying pipeline for transport of gas from the Central Government, in exercise of its powers under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 and after following due procedure, acquired right of user in the various parcels of land and this was in the year 2002 and Gas Authority of India Limited - which is now known as M/s. GAIL (India) Limited - Acquisition of the right of user, the original land owners were entitled to compensation under Section 10 of the PMP Act, 1962. And Competent Authority ordered GAIL to pay certain amount of compensation to the land owners - Held, Levy of court fee on said application whether permissible - Application under Section 10 (2) of Act, 1962 is exempted from payment of Court Fees under Section 20 (xv) of Court Fee Act, 2004 - Further, right of use in land is a property under Section 20 (xv) of Court Fees Act, 2004 - Impugned orders set aside - Petition allowed.

JUDGMENT

Paresh Upadhyay, J.

1. Challenge in this group of petitions is made to the orders passed by the District Judges, Bharuch and Dahod (the details of which are given here below in paras: 3.7 to 3.10) under the Gujarat Court Fees Act, 2004, allowing the references made by the Inspecting Officers under the said Act, and thereby calling upon the applicants before it (the District Courts) to pay ad valorem court fee as prescribed under Article 7 of Schedule-I of the said Act. The applications on which the said deficit court fee is directed to be paid, are under the provisions of Section 10 of 'the Petroleum and Minerals Pipeline Act, 1962' (for short, 'the PMP Act, 1962') read with Rule 5 of 'the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Rules, 1963' (for short, ' the 1963 Rules').

2. The point for consideration before this Court is, as to whether the State Government is empowered to charge any fee, under the Gujarat Court Fees Act, 2004, on an application, that may be filed by any party to the District Judge, invoking Section 10 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 read with Rule 5 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Rules, 1963, and if that is so, at what rate the said fee is to be paid.

3. Relevant facts leading to filing of these petitions are as under.

3.1 For the purpose of laying pipeline for transport of gas from Dahej - Vemar - Vijapur, the Central Government, in exercise of its powers under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 and after following due procedure, acquired right of user in the various parcels of land. This was in the year 2002. The Gas Authority of India Limited - which is now known as M/s. GAIL (India) Limited - ('GAIL' for short) is the concerned Corporation for this purpose.

3.2 On the above acquisition of the right of user, the original land owners were entitled to compensation under Section 10of the PMP Act, 1962.

3.3 The Competent Authority ordered GAIL to pay certain amount of compensation to the land owners under Section 10(1)of the PMP Act, 1962.

3.4 The claimants wanted more compensation be awarded to them.

3.5 For this purpose, they filed separate applications to the District Judge, Bharuch invoking Section 10(2) read with Section 10(5) of the PMP Act, 1962, read with Rule 5 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Rules, 1963. On each of such application, the court fee of Re. 1/- was paid by the respective applicant.

3.6 An issue cropped up before the District Judge, on the reference made by the Inspecting Officer appointed by the State Government under the Gujarat Court Fees Act, 2004, as to whether the court fee of Re. 1/- on each application is proper or there is deficit in that regard.

3.7 The stand of the State Government before the District Judge, through the Inspecting Officer was to the effect that, the court fee is payable according to Article 3 or 7 of Schedule-I of the Gujarat Court Fees Act, 2004. It is more than Re. 1/- and is ad valorem. The stand of the GAIL, standing as respondent in the said group of matters was also consistent with that of the State Government. The case of the claimants was that even Re. 1/- is not payable because in view of Section 20 (xv) of the Gujarat Court Fees Act, 2004, the applications filed by them are exempted document. The District Judge, Bharuch accepted the objection raised on behalf of the State Government through the Inspecting Officer and passed an order on 28.02.2007 directing the applicants to pay court fees accordingly. The said common order is recorded on Civil Miscellaneous Application (Court Fees Reference) (Main) No. 282 of 2004, with other 1122 cognate references.

3.8 Review Applications, being Civil Miscellaneous Application No. 41 of 2007 and cognate applications were filed before the District Judge, Bharuch by the claimants to revie








































































































































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