Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban Land (Ceiling & Regulation) Act 1976 - s.10(3) - Compensation interest and costs utilization charges |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Urban Land (Ceiling & Regulation) Act, 1976 - s.10(3) - Compensation, utilization charges, interest and costs - Grant of - 11.659 cottah of /and-locked land purportedly owned by appellants - Meanwhile the 1976 Act came into effect - Land notified u/s. 10(3) of the 1976 Act - State Government claimed the land as its property and handed over the same to first- Respondent Hospital on lease for 30 years with option for renewal under lease deed dated 21. 06. 1991 - First- Respondent Hospital paid premium of Rs.94,41,300 - The lease deed also obligated payment of 10% of the said sum by way of annual lease rent - Writ petition filed by appellants challenging the Notification issued under the 1976 Act - Allowed by Single Judge of High Court - Division Bench held that the hospital authority was not required to hand over actual physical pos~ession to the State before a final declaration, if any, was made uls.10(3); and further the hospital authority was obliged to compensate the respondents to the extent of the land, if any allowed to be retained by them, by the competent authority under the 1976 Act and for the balance part of the land, the State was obliged to pay compensation - Appellants agreed to abide by the judgment of the Division Bench; and also no challenge thereto at the instance of First respondent- Hospital or the State Government .; Competent Authority under the 1976 Act found that appellants wcfre not in possession of any surplus land - Held: In the circumstances, ;respondent-Hospital to bear entire compensation - It is liable Rs.30,000/- in cash as advance money and issued a Cheque for Rs.5,00,000/-. Looking at the corroborative evidence adduced by the defence witnesses and more particularly, in the absence of any material evidence in support of the claim of the respondent-complainant, we cannot uphold the impugned judgment. 11. For all the aforesaid reasons, the appeal deserves to be allowed and is accordingly allowed. The impugned judgment of the High Court is set aside and the judgment of the Trial Court is restored. The appellant is at liberty to withdraw the amount of Rs.1, 75,000/- with &ccrued interest if any, deposited by him before the Trial Court in accordance with this Court's order dated 30th November, 2012. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2014 INSC 503 |
Petitioner | Somnath Chakraborty And Anr. |
Respondent | Appollo Gleneagles Hospitals Ltd. & Ors. |
SCR | [2014] S.C.R. 949 |
Judgement Date | 2014-07-23 |
Case Number | 6683-6684 |
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