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2001 DIGILAW 1004 (PNJ)

State of Punjab v. Rupinder Singh

2001-09-10

BAKHSHISH KAUR

body2001
JUDGMENT Bakhshish Kaur, J. - This is an application under Section 149 read with Section 151 of the Code of Civil Procedure, for depositing of the court fee in view of the directions given by this Court in R.F.A. No. 493 of 1986. The relevant portion of the order passed in the said RFA reads as under :- "For the foregoing reasons the compensation of the acquired chahi land is enhanced to Rs. 60,000/- while that of the Barani land of all types to Rs. 50,000/- per acre. The claimants shall also be entitled to an amount equal to 12 per cent per annum over and over the market value of the acquired land from the date of notification till the date of pronouncement of the award by the Land Acquisition Collector or taking of the possession of the land, which ever is earlier, besides 30 per cent solatium over and above the said market value. The claimants shall also be entitled to 9 per cent per annum interest on the said compensation for the first year from the date of delivery of possession of the land and 15 per cent per annum for the subsequent years till its payment. The enhancement of compensation shall, however, be subject to court-fee paid and claim of each of the claimants-appellants in their respective appeals. Thus the appeals and cross-objections filed by the claimants are accepted to the extent indicated above but the appeals filed by the State for reduction in the amount of compensation are hereby dismissed. The parties are left to bear their own costs in view of the peculiar circumstances of the case." 2. Rupinder Singh was party to the R.F.A. No. 777 of 1986, decided by this Court on May 05, 1989. The order passed therein is Annexure A-2 and it reads as under :- "This Regular First Appeal is covered by an award given in Regular First Appeal No. 493 of 1986 (State of Punjab and another v. Harjinder Singh) decided on June 2, 1988, by Justice J.S. Sekhon. While deciding the above mentioned Regular First Appeal this Court determined the market value of the acquired chahi land at Rs. 60,000/- and for other classes of land, the compensation was determined at Rs. 50,000/- per acre. This Court was dealing with the same notification with which I am dealing. While deciding the above mentioned Regular First Appeal this Court determined the market value of the acquired chahi land at Rs. 60,000/- and for other classes of land, the compensation was determined at Rs. 50,000/- per acre. This Court was dealing with the same notification with which I am dealing. In fact in Regular First Appeal No. 493 of 1986, this Court was dealing with the case of another co-sharer. Following the award given by this Court in the above mentioned appeal, the appeal filed by the State of Punjab is dismissed with no order as to costs." 3. In view of the order dated June 2, 1988, the appellants wants to pay the court fee on the amount of compensation so that the amount of compensation is released in their favour. 4. The learned State counsel contents that at this belated stage, the appellants cannot be allowed to deposit the court fee as the order was passed in the year 1988 and now after the lapse of several years, they have come to this Court with the prayer that they may be allowed to deposit the court fee. 5. A perusal of the order Annexures A-1 and A-2 which have been reproduced above clearly indicate that no time limit was fixed for the deposit of the court fee nor any condition was imposed therein that in case the appellants failed to deposit the court fee within the stipulated period the they would not be entitled to the enhancement of the compensation. 6. The R.F.A. No. 777 of 1986 was also decided in the same terms as in R.F.A. No. 493 of 1986, copy Annexure A-1. Thus, the appellants are within their right to pay the requisite court for in pursuance of the orders passed therein. 7. For the said reasons, this Civil Misc. application is allowed and the appellants are permitted to deposit the requisite court fee and the enhanced amount of compensation be paid to them, accordingly. Petition allowed.