Sarat Chandra Mohapatra and Vijay Prakash Goel, JJ. - (1.) THIS is an appeal by claimant under Section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred as Act). Short question is whether advalorem court fee as provided in Schedule 1 Article 1 of the Court fee is payable or the same is payable under Schedule II Article 11 of the Court Fee Act, 1870. In a decision of Learned Single Judge in Bagh Raj v. Ram Raton, 1965 A.L.J. P. 909 it has already been laid down that on the memorandum of appeal claiming differential amount of compensation advalorem Court Fee is payable under Article 1 Schedule 1 of the Court fee Act. In view of this decision which is binding on the Taxing Officer, there was no scope for any reference on the question of Court fee. However, on a reference made by the Taxing Officer, appropriate bench hearing First Appeal has been nominated in absence of a Taxing Judge. Thus, we are to examine the question of payment of Court fee payable on the memorandum of appeal.
(2.) LAND of appellant was requisitioned under the Requisitioning and Acquisition of Immovable Properties Act, therefore, it was compulsorily acquired. Compensation was offered at a rate which was not accepted by appellant who was demanding compensation at higher rate. In that view, an arbitrator was appointed as provided under the Act who made an award determining the prevailing market price. Appellant not being satisfied with the award, has preferred this appeal for getting higher compensation. Under Section 4 of the Court Fees Act, Court shall not receive a document on which proper fee as provided in Schedule 1 or Schedule II is not paid. Memorandum of appeal being a document proper fee is payable. Under Section 8 of the Court Fees Act, it is clarified that amount of fee payable in memorandum of appeal in an appeal relating to compensation for acquisition of land under any Act is to be computed on the difference between the amount awarded and the amount claimed by the appellant. Question is whether advalorem Court fee is payable under Article 1 Schedule 1 or fee as provided under Article 11 of Schedule II of the Court Fees Act is payable, since it is not disputed that in case Schedule II Article 11 is not attracted, residuary provision in Schedule I Article 1 would be attracted.
(3.) SRI Yatindra Singh, learned counsel for appellant submitted that an award by Arbitrator under the Requisitioning and Acquisition of Immovable Properties Act is neither a decree nor is an order having force of a decree. Therefore, Article if Schedule II of the Court Fees Act is directly attracted and Article I of Schedule 1 which is a residuary provision has no application.;