Maharunnisa & Anr vs Asst.Commr.& L.A.O,Bijapur

3. The only question that needs to be decided is whether the

appellants can be deprived of their rightful claim on

technical ground for want of requisite Court fee without

affording them opportunity to pay the deficit court fee

within a reasonable time and deny the benefit of

enhanced compensation.

2

4. In the impugned judgment, the High Court made the

following directions :-

"For the reasons stated in the judgment passed in MFA Nos.3936, 3939 and 3943/2003 by this Court along with cross - objections disposed of by a common judgment dated 8.9.2006 though this Court has fixed the market value in the aforesaid cases at Rs.23/- per sq. ft. we fix the market value of the lands acquired in these cases at Rs.20/- per sq. ft. as the owners have restricted their claim only to that extent. The owners are entitled for other statutory benefits and interest payable under the provisions of the L.A. Act."

5. From the above, it is clear that the amount of

compensation was determined at Rs.23/- per sq. ft. by

the High Court in the impugned Judgment but the

appellants were directed to be paid at the rate of Rs.20/-

per sq. ft. as the appellants had restricted their claim at

the rate of Rs.20/- per sq. ft. in respect of the lands

acquired by the respondent. In a recent decision of this

Court in C.A.No.4163-4165 of 2009 decided on 8th of

July, 2009, we have set aside the Judgment of the High

Court and directed it to consider payment of

compensation at the rate determined by the High Court 3

in that Judgment but not directed to be paid because of

non payment of Court Fees by the claimants/appellants.

6. In view of the decision referred to hereinabove, we are,

therefore, of the view that the impugned Judgment of the

High Court must be set aside in part. As determined by

the High Court in the impugned Judgment, we also fix

the market value of the acquired land of the appellants at

Rs. 23/- per Sq. ft.. However, the rest of the decision of

the High Court is affirmed.

7. It is made clear that the enhanced compensation shall be

directed to be paid to the appellants by the High Court if

the appellants deposit the requisite Court fees on the

aforesaid enhanced amount within four months from the

date of supply of a copy of this order to it.

8. In the event, the requisite Court fee, as directed above, is

not paid within the time specified hereinabove, the

appeals shall stand dismissed.

9. For the reasons aforesaid, the impugned order is set

aside to the extent indicated above and the matter is 4

remitted back to the High Court for decision after giving

hearing to the parties.

10. The appeals are allowed to the extent indicated above.

There will be no order as to costs.

............................J. [Tarun Chatterjee]

New Delhi; ..........................J. August 04, 2009. [R.M.Lodha]