Supreme Court: Appeal challenging statutory land acquisition benefits attracts ad valorem court fee

The Supreme Court has ruled that appeals under Section 54 of the Land Acquisition Act, 1894, challenging statutory benefits awarded under Sections 23(1-A), (2) and 28, must pay ad valorem court fee under the Court Fees Act, 1870.

A Division Bench comprising Justices R. Mahadevan and Manmohan held that additional amounts, solatium and statutory interest are integral components of compensation and cannot be treated as independent claims. The Court clarified that acceptance of deficient court fee by the Registry does not override statutory requirements and no judicial exemption can be read into the statute absent legislative amendment.

The dispute arose from land acquired by Uttarakhand for Tehri Dam oustee rehabilitation. Although the Reference Court rejected claims for enhanced compensation, it granted statutory benefits. The State's appeal challenging only these benefits was upheld by the High Court's direction requiring ad valorem court fee payment, a decision the Supreme Court sustained.