JUDGMENT

Tarun Chatterjee, J.—

1. Leave granted.

2. Heard learned counsel for the parties and examined the impugned Judgment of the High Court as well as other materials on record.

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.

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 Cou