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SCA/23915/2007 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 23915 of 2007
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
THE
STATE OF GUJARAT - Petitioner(s)
Versus
JAYANTIBHAI
BHIMJIBHAI GORANI & 6 - Respondent(s)
=========================================================
Appearance :
MR NEERAJ
SONI AGP for Petitioner(s) : 1,
RULE SERVED
for Respondent(s) : 1 - 2, 4, 7,
MR CHAMPANERI for MR HARIN P
RAVAL for Respondent(s) : 3,
NANAVATI ASSOCIATES for Respondent(s)
: 5,
DELETED for Respondent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 30/03/2011
ORAL
JUDGMENT
1. By
way of this petition, the petitioner has prayed to quash and set
aside the order dated 21.08.2006 passed by the learned 4th
Fast Track Court, Surat in application Exhibit-36 filed in Misc.
Civil Application No. 148/2003 and Court Fees Reference No. 3 of
2006, whereby the trial Court had directed the applicants to pay
Court fees of Rs.4580/-.
2. The
facts in brief are that the applicants have purchased land bearing
Block No. 319-A situated at Village Olpad, District Surat by
registered sale deed by paying full consideration and now they are in
possession of the said land. As the work of laying pipe lines
between Hajira and Dahej was required to be carried out by respondent
no. 3, the Government issued Notification in that regard and
respondent no. 4 carried out the work of laying pipe lines through
the agricultural fields of the applicants. Thereafter, opponent no.
2-Dosal Company paid an amount of Rs.92,340/- towards actual
compensation. However, opponent no. 1 awarded compensation under
Section 10(1) of the Petroleum Pipelines (Acquisition of Right of
User in Land) Act 1962 in favour of the applicants. Being aggrieved
with the amount of compensation awarded, the applicants preferred
application u/s. 10(2) of the Petroleum Pipelines (Acquisition of
Right of User in Land) Act 1962 for enhancement. In the said
application the applicant paid Court fees of Rs.20/-. However, it
was found that since the applicants want to modify the award passed
by the competent authority, the amount of Court fees paid by the
applicants was inadequate and therefore, the Court Fee Inspector
filed application, which was numbered as Court Fee Reference
No.3/2006. The trial Court vide order dated 21.08.2006 partly allowed
the Reference and directed the applicant to pay Court Fees of
Rs.4580/- on the award amount of Rs.64,980/-. Hence, this petition.
3. Heard
learned counsel for the respective parties and perused the documents
on record. Article 3 of Schedule I of the Bombay Court Fees Act,
1959 does not convey the meaning that the fee payable shall be
computed on the amount of enhancement of the award. Thus, it can be
restricted to the amount of award which is sought to be modified. In
the present case the amount of award is Rs.64,980/-. Thus, the trial
Court under Article 1 of the Act directed the applicants to pay the
Court fees to Rs.4600/- on the actual amount of award. Looking to the
facts of the case and in view of Article 1 of the Bombay Court Fees
Act, the trial Court was completely justified in enhancing the amount
on the actual amount of award and not on the enhanced amount of
award. I am in complete agreement with the findings recorded by the
trial Court and hence find no reason to interfere with the same.
4. In
the result, the petition is dismissed. Rule is discharged. Interim
relief if any, stands vacated.
[K.S.
JHAVERI, J.]
/phalguni/
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