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 ]
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
of 1998-1999 fixed by the State Government, along
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
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)