• Court fee for Appeal in High court in Land acquisition case

What should be court fee for an Appeal in High court of Andhra Pradesh, for a case of dispute of compensation in Land Acqusition case dated 1998. The valuation claimed was 65 Lakhs in 1998. No award was given by lower court after 19 years of trial. 
1) Should the court fee be on present valuation? when dispute is on the compensation of 65Lakhs as on 1998.

2) Since interest component as Land acquistion act should be paid. And interest is only applicable when difference award that court can awarded if judgement is on our favour. Should that be also part court fee valuation?
Asked 8 years ago in Property Law
Religion: Hindu

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2 Answers

Section 48 AP court fees act enacts:

"The fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of property for public purposes shall be computed on the difference between the amount awarded and the amount claimed by the appellant."

Section 49 provides thus:

"The fee payable in an appeal shall be the same as the fee that would be payable in the Court of first instance on the subject-matter of the appeal;

3) adjudication of the Land Acquisition Court is an order for purposes of appeal under Section 54 of the Land Acquisition Act, and the provisions of the Civil Procedure Code That being so, it is an order within the meaning of Section 48 of the Court-fees Act. It follows there from that the Court-fee has got to be paid on the difference between the amount awarded and the amount claimed by the appellant

4) in your case court fees would be on Rs 65 lakhs claimed by you

5) it was' laid down in Brahrnanandam v. Secy, of State, AIR 1930 Mad 45 that where a person being dissatisfied with the amount of compensation awarded to him under Section 18, Land Acquisition Act, wants to appeal, insisting in case of his success that not only the excess market value but also 15 per cent, of the same should be decreed in his favour, he must pay Court-fees not only on the excess market value, but also on 15 per cent thereon. It is also needless to point out that since the appellants are claiming interest on that amount, they are bound to pay Court-fee on that amount as well.

Ajay Sethi
Advocate, Mumbai
98518 Answers
8018 Consultations

As per AP state court fee and suits valuation act:

48. Fee on memorandum of appeal against order relating to compensation :-

The fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of property for public purposes shall be computed on the difference

between the amount awarded and the amount claimed by the appellant.

1. It depends on the compensation claimed now.

2. The computation of fee should be made to the interest portion too, if any allowed by court.

T Kalaiselvan
Advocate, Vellore
88720 Answers
2409 Consultations

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