The State of Gujarat vs Jayantibhai Bhimjibhai Gorani and Others

K.S. Jhaveri, J.—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/-.

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 u/s 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.

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.

In the result, the petition is dismissed. Rule is discharged. Interim relief if any, stands vacated.