Nagpur Housing And Area Development Board vs Harivitthal Timaji Ghuguskar

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10693 OF 2017 [@ SPECIAL LEAVE PETITION (C) No. 34560 of 2016 ]

NAGPUR HOUSING AND AREA DEVELOPMENT BOARD Appellant(s)

VERSUS

HARIVITTHAL TIMAJI GHUGUSKAR Respondent(s)

CIVIL APPEAL NO. 10694 OF 2017 [@ SPECIAL LEAVE PETITION (C) No. 856 OF 2017 ]

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. There is a dispute as to what rate the

respondents, who apparently are in possession of

certain excess land than what is granted by the

appellant-Board, should pay for the excess land.

3. Heard Mr. Gaurab Banerji, learned senior counsel

appearing for the Board, the learned counsel

appearing for the respondents as well as the learned

Amicus Curiae. We are of the view that having regard

to the entire background of the case, the interests

of justice will be served if the respondents are

directed to pay the land value at the reckoning rate Signature Not Verified

of 1998-1999 fixed by the State Government, along Digitally signed by JAYANT KUMAR ARORA Date: 2017.08.30 14:28:27 IST Reason:

with simple interest at the rate of 6% from the date

of allotment. Ordered accordingly. 2

4. In view of the above, the appeals are disposed

of.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ MOHAN M. SHANTANAGOUDAR ]

New Delhi;

August 21, 2017.

3

ITEM NO.16 COURT NO.5 SECTION XVII

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). 34560/2016 (Arising out of impugned final judgment and order dated 04-08-2016 in RP No. 2006/2016 passed by the National Consumers Disputes Reddressal Commission, New Delhi)

NAGPUR HOUSING AND AREA DEVELOPMENT BOARD Petitioner(s)

VERSUS

HARIVITTHAL TIMAJI GHUGUSKAR Respondent(s) (STAY APPLICATION) WITH SLP(C) No. 856/2017 (XVII)

Date : 21-08-2017 ThsE petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

For Petitioner(s) Mr. Gaurab Banerji, Sr. Adv.

Mr. Chirag M. Shroff, AOR Ms. Neha Sangwan, Adv.

Amicus Curiae Mr. Hrishikesh Chitaley, Adv.

For Respondent(s) Mr. Shiv Ram Bhardwaj, Adv.

Mr. Nitin Bhardwaj, AOR Mr. Shashank K., Adv.

Mr. Baij Nath Patel, Adv.

Respondent-in-person

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeals are disposed of in terms of the signed

non-reportable Judgment.

Pending interlocutory applications, if any, stand disposed of.

(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed non-reportable Judgment is placed on the file)