Hamdard Laboratories v. Haryana State Industrial and Infrastructure Development Corporation

Supreme Court of India · 05 Dec 2016
Kurian Joseph; Rohinton Fali Nariman
CIVIL APPEAL NO. 11773 OF 2016
civil appeal_allowed Significant

AI Summary

The Supreme Court allowed the appeal holding that the appellant is entitled to a 20% rebate on the additional cost of land payable to HSIIDC as there was no restriction in the notification.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 11773 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 10317 OF 2015 ]
HAMDARD LABORATORIES Appellant(s)
VERSUS
HARYANA STATE INDUSTRIAL AND
INFRASTRUCTURE DEVELOPMENT CORPORATION
AND ORS. Respondent(s)
JUDGMENT
KURIAN, J.

1. Leave granted.

2. While issuing notice on 15.02.2016, the scope of the appeal was limited to the following question:- "Whether the High Court failed to appreciate that the petitioner is entitled to 20% rebate on the additional cost of land payable to the HSIIDC, since there is no such restriction, carved in the notification?

3. Having heard the learned counsel on both sides, we are satisfied that the appellant is entitled to 20% rebate on the additional cost of land since that factor is included in the enhanced cost of land. Therefore, the appeal is allowed declaring that the appellant shall be entitled to 20% rebate since the appellant has already paid the enhanced compensation. Page 2

4. The amounts due in terms of the Judgment would be paid to the appellant within a period of two months from the date of receipt of a copy of this Judgment. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ ROHINTON FALI NARIMAN ] New Delhi; December 05, 2016.