JUDGMENT

“C.R.”

What, if any, is the court fee payable on an application for review of judgment in re an award by Court under the Land Acquisition Act?

Facts:

On its requisition, lands were acquired for the petitioners’ purpose under the Land Acquisition Act, 1894, for short, the “LA Act”. Compensation payable on that account, to certain persons under awards of the Collector, were sought to be re-determined under Sub-section 2 of Section 28A of that Act. On applications under section 28A (3), those matters were referred for the determination of the Court. The references were answered by the Court, enhancing the compensation. Petitioners applied for review of the judgments resulting in those awards but insisted that no court fee is payable on those applications for review. The court below over-ruled that, sustaining the objections by its office. Such common decision in different matters is under challenge in this bunch of writ petitions.

Reasoning in the impugned order:

An application for compensation and an application of review are different. The applications for review filed by the petitioners are not exempted from levy of fee under the Kerala Court Fees and Suits Valuation Act, 1959,