RAYEESABEGUM Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(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 decision in Bhag Singh and Ors. v. Union Territory of Chandigarh through the Land Acquisition Officer, Chandigarh, 1985 3 SCC 737 and Buta Singh v. Union of India, 1995 5 SCC 283 were duly considered in a recent decision of this Court in the case of Chandrashekhar and Ors. v. Additional Special Land 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 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.