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PUNJAB & HARYANA HIGH COURT
G.C.Garg and N.K.Agrawal JJ.
Shiv Charan (Died) Through L.Rs.
Versus
State Of Haryana
Regular First Appeal No. 666 of 1973,
Decided On : DECEMBER 1, 1997
LAND ACQUISITION - SECTION 4, 6, 18 - ENHANCED COMPENSATION - COURT FEE - INTEREST - APPLICANTS ENTITLED TO ENHANCED COMPENSATION AT THE RATE OF RS. 10 PER SQ. YD. SUBJECT TO THE EXTENT OF COURT FEE PAID. THEY ARE, HOWEVER, HELD NOT ENTITLED TO THE COSTS OF THE APPEAL OR THE APPLICATIONS.
Fact of the Case:
Applicants' land was acquired for the development of Sector 14 in Faridabad. Dissatisfied with the compensation awarded by the Land Acquisition Collector, they sought references under Section 18 of the Act. The District Judge dismissed the reference applications, maintaining the compensation awarded by the Collector. On appeal, a Division Bench of the High Court allowed the appeals and fixed the market value of the land at Rs. 10 per sq. yd. The claimants were also held entitled to enhanced compensation, solatium, and interest. However, the applicants had not paid sufficient court fee to cover the enhanced compensation. Their application to amend the appeal and pay the deficit court fee was dismissed by the Division Bench. The Supreme Court granted special leave and permitted the applicants to pay the deficit court fee and claim compensation at the rate of Rs. 10 per sq. yd.
Finding of the Court:
The court held that the applicants were entitled to enhanced compensation at the rate of Rs. 10 per sq. yd. subject to the extent of court fee paid. They were not entitled to the costs of the appeal or the applications. The court also held that the applicants were not entitled to interest on the enhanced compensation for the period from 8.5.1979 (the date of the Division Bench order) till the date of the current order, as they were responsible for not affixing the proper court fee on the memorandum of appeal.
Issues: Whether the applicants were entitled to enhanced compensation at the rate of Rs. 10 per sq. yd. Whether the applicants were entitled to the costs of the appeal or the applications. Whether the applicants were entitled to interest on the enhanced compensation for the period from 8.5.1979 till the date of the current order.
Ratio Decidendi: The court relied on the order of the Supreme Court, which permitted the applicants to pay the deficit court fee and claim compensation at the rate of Rs. 10 per sq. yd. The court also relied on the Division Bench order, which allowed the appeals and fixed the market value of the land at Rs. 10 per sq. yd.
Final Decision: The court allowed the applications seeking exemption from filing the certified copy of the death certificate, striking off the names of Satish Kumar and Kala Devi from the array of appellants, and making up the deficiency in court fee. The court held that the applicants were entitled to enhanced compensation at the rate of Rs. 10 per sq. yd. subject to the extent of court fee paid. They were not entitled to the costs of the appeal or the applications. The court also held that the applicants were not entitled to interest on the enhanced compensation for the period from 8.5.1979 till the date of the current order.
G.C.Garg, J.
1. This order will dispose of civil misc. applications 3202-CI of 1997 to 3206-CI of 1997.
2. Land owned by the applicants or their predecessor alongwith the land of others situated in, the revenue estate of Faridabad was acquired for the development of Sector 14 in the Faridabad controlled area by issuing notifications Under Sections 4 and 6 of the Land Acquisition Act. Notification Under Section 4 of the Act is dated 29.6.1996. The land owners being dissatisfied with the Award of. the land Acquisition Collector sought references Under Sections 18 of the Act. The learned District Judge, Gurgaon by order dated 2.5.1973 dismissed the reference applications, in other words be maintained the compensation as awarded by the learned Land Acquisition Collector. The applicants and others feeling dissatisfied with the award of the learned District Judge filed Regular First appeals in this Court.
3. A Division Bench of this court by order dated 8.5.1979 allowed by appeals relating to the land covered by notification Under Section 4 of the Act and fixed the market value of the land covered by Sector 14 at the rate of Rs. 10 per Sq.Yd. The claimants were further held entitled to enhanced compensation only to the extent to which they had already paid the court fee on appeals in this court. The claimants were also held entitled to solatium at the rate of 15 per cent and interest at the rate of 6 per cent on the enhanced amount from the date of taking possession till the payment.
4. The appeal filed by the applicants was also taken up on 8.5.1979 and was disposed of in the same terms as in R.F.A. 664 of 1973.
5. It may be noticed that the applicants had paid a court fee of Rs. 8834.40 P., which was not sufficient to meet the enhanced amount of compensation as directed by the Division Bench. The applicants consequently moved an application Under Section 144 read with Section 151 of the Code of Civil Procedure with a prayer that they be permitted to amend the appeal to claim a compensation of Rs. 9,27,070/- instead of Rs. 6.65,000/- and to pay the requisite deficit court fee on the additional amount. This application was considered by the Division Bench of this court and was dismissed by order dated 28.1.1991.
6. Applicants feeling aggrieved by the order of the Division Bench refusing to make up the deficiency in Court fee filed Special-Leave Petition, which was granted and the Supreme Court ultimately permitted the applicants to pay the deficit court fee and to claim the compensation at the rate of Rs. 10 per sq.Yd. as determined by the High Court by passing the following order on 11.1.1995 :-
"Leave granted in S.L.P. Nos. 7983, 8362/89. Following the order in C.A. Nos. 3451/83 and batch dated April 13, 1993, the appellants are not entitled for further enhancement of the compensation. However, the appellants are permitted to pay the deficit court fee to claim the compensation of Rs. 10/- per square yard as determined by the High Court only to this extent, the appeals are allowed. No costs."
It is thereafter that the applicants have moved CM. No. 3205-CI of 1997 to pay the deficit court fee for claiming the compensation at the rate of Rs. 10/- per sq.yd.
7 In response to the notice of the applications respondent-State has put in appearance.
8. After hearing learned counsel for the parties CM. 3202-CI of 1997 seeking exemption from filing the certified copy of the death certificate, CM. 3203 of 1997 seeking to strike of the name of Satish Kumar from array of the appellants. CM. 3204-CI of 1997 seeking to strike of the name of deceased Kala Devi from the array of the appellants and CM. 3205-CI of 1997 seeking to make the deficiency in court fee by amending the memorandum of appeal are allowed. C.M. No. 3203-CI of 1997 again seeking to amend the memorandum of appeal for making up the deficiency in court fee is also allowed on the short ground that applicants have already been allowed to make up the deficiency in court fee by
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