Hamdard Laboratories vs Haryana State Industrial And Infrastructure Development Corporation And Ors.

NON-REPORTABLE

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)

J U D G M E N T

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. Signature Not Verified Therefore, the appeal is allowed declaring that the Digitally signed by JAYANT KUMAR ARORA Date: 2016.12.10 12:33:01 IST Reason: appellant shall be entitled to 20% rebate since the

appellant has already paid the enhanced compensation. 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.

3

ITEM NO.3 COURT NO.8 SECTION IVB

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 10317/2015

(Arising out of impugned final judgment and order dated 11/11/2014 in CWP No. 8895/2013 passed by the High Court Of Punjab & Haryana At Chandigarh)

HAMDARD LABORATORIES Petitioner(s)

VERSUS

HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION AND ORS. Respondent(s)

(with office report)

WITH

SLP(C) No. 10755/2015 (with Interim Relief and Office Report)

SLP(C) No. 5517-5518/2016 (with Office Report)

Date : 05/12/2016 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Petitioner(s) Mr. S. B. Upadhyay, Sr. Adv.

Mr. Pawan Upadhyay, Adv.

Ms. Anisha Upadhyay, Adv.

Mr. Kaustav P. Pathak, Adv.

Ms. Sharmila Upadhyay, Adv.

Mr. Sanjeev Anand, Adv.

Mr. Rajnish, Adv.

Mr. Akshay Kapoor, Adv.

For Respondent(s) Mr. Alok Sangwan, AAG, Haryana Dr. Monika Gusain, Adv.

Mr. Karunish Shukla, Adv.

UPON hearing counsel the Court made the following O R D E R 4 SLP(C) No.10317 of 2015

Leave granted.

The appeal is allowed in terms of the signed non-reportable

Judgment.

Pending interlocutory applications, if any, are disposed of.

SLP(C) No. 10755/2015

Issue notice.

Counter Affidavit be filed within six weeks.

Rejoinder Affidavit, if any, be filed within two weeks

thereafter.

Post the matter for final disposal in the 2nd week of April,

2017 on a non-miscellaneous day.

SLP(C) No. 5517-5518 of 2016

Counter Affidavit be filed within six weeks.

Rejoinder Affidavit, if any, be filed within two weeks

thereafter.

Post the matter for final disposal in the 2nd week of April,

2017 on a non-miscellaneous day.

(Jayant Kumar Arora) (Renu Diwan) Court Master Assistant Registrar

(Signed non-reportable Judgment is placed on the file)