Supreme Court - Daily Orders
Ranbaxy Laboratories Ltd vs State Of Punjab on 18 October, 2016
Bench: Dipak Misra, Amitava Roy, A.M. Khanwilkar
SLP(C) 32086/2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10203 OF 2016
(Arising out of S.L.P.(C) No.32086 of 2014)
Ranbaxy Laboratories Ltd. Appellant(s)
Versus
State of Punjab and Others Respondent(s)
O R D E R
Leave granted.
Heard Mr. P. Chidambaram, learned senior counsel for the appellant and Mr. Neeraj Kumar Jain, learned senior counsel for the respondent No.3.
This Court on 8th August, 2016, had passed the following order:-
“Heard Mr. P. Chidambaram, learned senior counsel along with Mr. Ashish Verma, learned counsel for the petitioner and Mr. Neeraj Kumar Jain, learned senior counsel for the respondent.
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 Signature Not Verified expression is correct.Digitally signed by CHETAN KUMAR Date: 2016.10.22
12:56:22 IST In course of hearing, we have been apprised Reason: 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 SLP(C) 32086/2014 2 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.” Mr. Jain, learned senior counsel appearing for the respondent No.3, Ropar Improvement Trust, Rupnagar, has submitted that non-construction fees and the cost of the total area approximately comes to Rs.6 crores. Mr. Chidambaram, learned senior counsel appearing for the appellant would submit that the non-construction fees was Rs.87 lacs in 2003 along with interest and, initially, the appellant has deposited more than Rs.34 lacs. Be that as it may.
Regard being had to the facts and circumstances of the case and keeping in view the circle rate prevalent as in 2007 and the non-construction fees which comes to a total of Rs.6 crores, we think it appropriate that if the appellant pays a sum of Rs.5,50,00,000/- (Rupees five crores fifty lacs only) to the respondent No.3 within three months from today, SLP(C) 32086/2014 3 the land shall be restored to it. Needless to say, the appellant shall raise construction within a period of two years.
The appeal is allowed in the above terms. There shall be no order as to costs.
......................J. (Dipak Misra) ......................J. (Amitava Roy) ......................J. (A.M. Khanwilkar) New Delhi;
October 18, 2016.
SLP(C) 32086/2014
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ITEM NO.28 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) Date : 18/10/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE AMITAVA ROY HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. P. Chidambaram, Sr. Adv.
Mr. K. Dutta, Adv.
Mr. Ashish Verma, Adv.
Mr. Birendra Kumar Mishra, AOR For Respondent(s) Mr. Neeraj Kumar Jain, Sr. Adv.
Mr. Umang Shankar, AOR Mr. Siddharth Jain, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master
(Signed order is palced on the file)