Rayeesa Begum
& ANR. Vs. Special Land Acquisition Officer [2009] INSC 1762 (30 November
2009)
Judgment
IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7945 OF
2009 (Arising out of S.L.P. (C) 4943 of 2008) Rayeesabegum & Another
...Appellants VERSUS Special Land Acquisition Officer ...Respondent
ORDER
1.
Leave granted.
2.
In our view, this appeal needs to be sent to the High Court on
remand to consider the appeal afresh on merits. The Chandigarh through the Land
Acquisition Officer, Union of India [1995 (5) SCC 283] were duly considered in
a recent decision of this Court in the case of Acquisition Officer [2009 (9)
SCALE 434] on the question of payment of enhanced compensation if additional
Court Fees are paid. In that decision, it has 2 been held that the enhanced
compensation can be directed to be paid to the claimants/appellants in the
event the claimants/appellants deposit the requisite Court Fees on the enhanced
amount.
3.
Since we are sending this appeal back to the High Court for
decision on the aforesaid question relating to the payment of enhanced
compensation, if additional Court Fees are paid and also the other questions
that may be raised by the parties before the High Court, the High Court is
requested to decide the appeal after remand within a period of three months
from the date of supply of a copy of this order to it, without granting
unnecessary adjournment to either of the parties.
4.
Accordingly, the impugned order is set aside. The appeal is
allowed to the extent indicated above. There will be no order as to costs.
...........................J. [Tarun Chatterjee]
...........................J.
New Delhi;
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