Shaktisinh opposes govt bill on 10% advalorem court fee

Gandhinagar, 2 July, 2014

Congress MLA Shaktisinh Gohil today in Gujarat assembly opposed state government’s bill proposing 10% stamp duty on farmers who go to court against acquisition by state government.

“When farmer’s land is acquired by Gujarat government and when he files plea in court complaining that he hasn’t got proper price for his land, he is asked to pay stamp duty which is equal to 10% of difference of land price, as per today’s amendment bill moved by the Gujarat government,” Shaktisinh said.

“The Supreme Court had said that a farmer can’t be asked to pay such a court fee as per farmer’s own valuation of his land, ” he added.

Shaktisinh further said, “Charging a token fee could be just enough, asking him to pay 10% is not needed. Only two states has such provision,” he further said.

“The state govt has proposed 10% charge which was earlier 50%. But even 10% is injustice to farmers. I wish the High Court and Supreme Court may not accept this amendment,” he said.

“In all other states, advalorem court fee is payable only when an appeal is filed against the award of the reference court. Only in two states – Gujarat and Maharashtra, the land losers are required to pay half of the advalorem court fee while seeking reference to the civil court,” Gohil said while speaking on the bill.