Judgment:
B.A. Khan, J.
1. Appellants' land in Village Sadhora Kalan was acquired pursuant to Section 4 notification dated 13.11.1959. The Collector categorised land of this village in four blocks and awarded compensation at the rate of Rs. 8,000/-, Rs. 5,600/-, Rs. 5,100/- and Rs. 2,500/- per bigha respectively. Reference Court affirmed the compensation awarded by the Collector except in case of field No. 185 for which he awarded Rs. 8,500/-. Appellants filed RFA 98/72 for enhancement of compensation and First Appellate Court awarded them a uniform compensation of Rs. 8,000/- per bigha vide judgment dated 28.2.1972.
2. Appellants feel dissatisfied and have filed this LPA claiming compensation of Rs.12,000/- per bigha after paying the requisite fee they later filed CM 2130/89 for amending memo appeal on 6.10.1989 in which notice was issued to respondents on 24.1.1990 requiring them to file reply. No reply was filed and this application was allowed vide order dated 11.11.1991 'as prayed'. Appellants claimed compensation of Rs. 28,000/- vide this application and also stated that they were paying the additional Court fee of Rs. 10,200/- but which was not paid by them till date nor was any extension of time sought by them for making up deficiency of Court fee.
3. Leaned Counsel for appellants Mr. Ramesh Chandra justified appellant's claim for higher compensation of Rs. 28,000/- per bigha on the basis of a Division Bench judgment of this Court Jalil Ahmed v. Union of India, (RFA 570/79 decided on 21.8.1987) granting compensation of Rs. 15,000/- per bigha for the adjacent land in the same village covered by the same notification dated 13.11.1959. He also prayed for compensation being granted in respect of field No. 192 measuring 2 bigha and 18 bids was which according to him was found in possession of appellants for three years entitling them to Bhumidari rights under Delhi Land Reforms Act.
4. We could have perhaps gone by the analogy of the Division Bench judgment of this Court in Jalil Ahmed's case (supra) which awards compensation of Rs. 15,000/- per bigha of the land comprising Khasra No. 633/199/1 of village Sadhora Kalan and which land abuts the circular road but we found that appellants' newly added claim was not supported by requisite Court fee. It needs to be highlighted that appellants valued their present appeal at Rs. 2,78,811.25 and paid a Court fee of Rs. 5067.80 on it. It was filed somewhere in February, 1981 and they then filed CM No. 2130/80 in October, 1989 proposing amendment in the memo of appeal to raise the claim from Rs. 12,000/- per bigha to Rs. 28,000/- per bigha. This application was allowed by order dated 11.11.1991 but appellants filed to make up the deficiency of Court fee. Nor have they filed any application under Section 149, CPC seeking extension of time for this purpose. thereforee, it remains to be seen whether their failure was fatal for their enhanced claim of compensation.
5. In Buta Singh (Dead) by L.R.s v. Union of India, : [1995]3SCR359 , it was held that the claimant would only be entitled to a decree for the amount of compensation which is covered by the Court fee already paid even though the market value determined by Court was much higher. This judgment has been followed by a Division Bench of this Court in Shri Lekh Raj v. Union of India, (1997) I AD (Delhi) 33. We feel bound by these judgments and find no scope for any contrary view. In this view of the matter, appellants are not entitled to award of compensation beyond Rs. 12,000/- per bigha their higher claim notwithstanding. Nor could they draw any benefit from the judgment of Jalil Ahmed's case (supra) which awards compensation of Rs. 15,000/- per bigha.
6. We have examined the appellants' claim regarding field No. 192 and we found that they were unauthorised occupants of this land. they had also not sought any declaration for such Bhumidari rights from any competent authority or Court, even if it was assumed that he was to acquire such rights under Delhi Land Reforms Act. Nor had they agitated or convassed this claim in their first appeal. As such there was no occasion to award them compensation on this additional claim.
7. For the foregoing reasons, we hold that appellants are entitled to compensation of Rs. 12,000/- per bigha for the acquired land with 15% solarium and 6% per annum interest on the enhanced amount from the date of taking possession till the date of payment. They shall also have proportionate costs.
8. LPA disposed of.