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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