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M/S Kaka Carpets vs Commissioner Of Income Tax . on 25 August, 2014

Bench: H.L. Dattu, S.A. Bobde

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                                   IN THE SUPREME COURT OF INDIA

                                   CIVIL APPELLATE JURISDICTION

                          CIVIL APPEAL NO. 8370   OF 2014
                 (@ SPECIAL LEAVE PETITION (CIVIL)NO.12647 OF 2014)

  BALUBHAI HANSJIBHAI PATEL & ORS.                                      APPELLANT(S)

                                                           VERSUS

  UNION OF INDIA & ORS.                                                 RESPONDENT(S)


                                               O R D E R

1. Leave granted.

2. This appeal is directed against the judgment and order in LPA No. 1254 of 2013 in SCA No. 7646 of 2013 by the High Court Of Gujarat At Ahmedabad, dated 05.02.2014.

3. By the impugned judgment and order, the High Court has directed the appellants-herein to refund the compensation received by them for the loss of existing crops while erecting the transmission towers in their respective agricultural lands.

4. We have heard learned counsel for the parties to the lis.

Digitally signed by Ramana Venkata Ganti Date: 2014.09.01

5. The appellants have filed an additional 17:13:59 IST Reason:

affidavit dated 11.07.2014. In that they have stated at  2 paragraph 11 as under :

“11. The petitioners are only seeking a hearing and a judgment on merits by the High Court. The petitioners have stated so in the SLP and undertake to comply with the same to repay any amount, if received in excess to the actual damage to the crop, if in the event the High Court after adjudicating the matter on the merit, directs removal of the transmission lines”.

6. In view of the aforesaid, we modify the interim order passed by the High Court as under :

If, for any reason, the appellants fail before the High Court, they will repay the amount received by them, if they have received in excess to the actual damage that is caused to the crops.

6. The appeal is disposed of accordingly. We now request the High Court to dispose of the L.P.A. pending before it as expeditiously as possible.

Ordered accordingly.

….................J. (H.L. DATTU) …..................J. (S.A. BOBDE) NEW DELHI;

Dated the 25th August, 2014
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ITEM NO.42                 COURT NO.2               SECTION IX

               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).   12647/2014

(Arising out of impugned final judgment and order dated 05/02/2014 in LPA No. 1254/2013,05/02/2014 in SCA No. 7646/2013 passed by the High Court Of Gujarat At Ahmedabad) BALUBHAI HANSJIBHAI PATEL & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (with appln. (s) for exemption from filing c/c of the impugned judgment and exemption from filing O.T. and permission to file additional documents and interim relief and office report) Date : 25/08/2014 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Ms. Kamini Jaiswal ,Adv.

Mr.Abhimanue Shrestha, Adv.

For Respondent(s) Mr.Sidharth Luthra, Sr.Adv.

Ms.Neeha Nagpal, Adv.

Mr.Mahesh Agarwal, Adv.

Mr.Shashank Manish, Adv.

For Mr. E. C. Agrawala ,Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is disposed of, in terms of the signed order.

(G.V.Ramana)                                        (Vinod Kulvi)
Court Master                                        Asstt.Registrar

(Signed order is placed on the file)