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Supreme Court - Daily Orders

Ranbaxy Laboratories Ltd vs State Of Punjab on 8 August, 2016

Bench: Dipak Misra, C. Nagappan

     SLP(C) 32086/2014
                                                         1

     ITEM NO.49                                 COURT NO.4                 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.32086/2014

     (Arising out of impugned final judgment and order dated 02/09/2014
     in CWP No. 13928/2007 passed by the High Court of Punjab & Haryana
     at Chandigarh)

     RANBAXY LABORATORIES LTD                                                  Petitioner(s)

                                                       VERSUS

     STATE OF PUNJAB AND ORS                                                   Respondent(s)

     (With interim relief and office report)
     (For final disposal)


     Date : 08/08/2016 This petition was called on for hearing today.


     CORAM :
                                  HON'BLE MR. JUSTICE DIPAK MISRA
                                  HON'BLE MR. JUSTICE C. NAGAPPAN


     For Petitioner(s)                  Mr.   P. Chidambaram, Sr. Adv.
                                        Mr.   K. Datta, Adv.
                                        Mr.   Birendra Kumar Mishra, AOR
                                        Mr.   Ashish Verma, Av.
                                        Mr.   Rahul Malhotra, Adv.

     For Respondent(s)                  Mr. Neeraj Jain, Sr. Adv.
                                        Mr. Siddharath Jain, Adv.
                                        Mr. Umang Shankar, AOR


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

Heard Mr. P. Chidambaram, learned senior counsel Signature Not Verified along with Mr. Ashish Verma, learned counsel for the Digitally signed by CHETAN KUMAR Date: 2016.08.08 petitioner and Mr. Neeraj Kumar Jain, learned senior counsel 18:26:28 IST Reason:

for the respondent.
SLP(C) 32086/2014 2 Though this Court at one point of time had used the expression “market rate”, yet it was not mentioned therein about the year. Be it stated, this Court had also declined to entertain an application for clarification with regard to the use of expression “market rate”, but the said expression is correct.
In course of hearing, we have been apprised that initially an order of resumption was passed in 2002, but the same was cancelled and, thereafter, another order of resumption came to be passed in the year 2007. It is the admitted position at the Bar that the land has been resumed because the petitioner was not in a position to construct and the respondent desired to have the non-construction fees.
Mr. P. Chidambaram, learned senior counsel appearing for the petitioner, would submit that an attempt was made to pay the non-construction fees on 10th February, 2003, but the same is disputed by Mr. Neeeraj Kumar Jain, learned senior counsel for the respondent.
Be that as it may, we would like Mr. Jain to file a chart indicating the circle rate of 2007 and compute on that score with regard to the area in question. Additionally, he shall also give a chart indicating non-construction fees for the years concerned. A copy thereof shall be handed over to Mr. Ashish Verma, learned counsel assisting Mr. P. Chidambaram. The calculation sheet shall be filed within two weeks hence. Needless to say, the petitioner shall be allowed to argue on the same.
Let the matter be listed on 6th September, 2016.
               (Chetan Kumar)                               (H.S. Parasher)
                Court Master                                  Court Master