HAMDARD LABORATORIES Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 11773 of 2016, Judgment Date: Dec 05, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO. 11773 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 10317 OF 2015 ]


      HAMDARD LABORATORIES                                 Appellant(s)

                                VERSUS

      HARYANA STATE INDUSTRIAL AND
      INFRASTRUCTURE DEVELOPMENT CORPORATION
      AND ORS.                                           Respondent(s)

                               J U D G M E N T

KURIAN, J.

1.    Leave granted.
2.    While issuing notice on  15.02.2016,  the  scope  of  the  appeal  was
limited to the following question :-
"Whether the  High  Court  failed  to  appreciate  that  the  petitioner  is
entitled to 20% rebate on  the  additional  cost  of  land  payable  to  the
HSIIDC, since there is no such restriction, carved in the notification?
3.    Having heard the learned counsel on both sides, we are satisfied  that
the appellant is entitled to 20% rebate  on  the  additional  cost  of  land
since that factor is included in the enhanced cost of land.  Therefore,  the
appeal is allowed declaring that the appellant  shall  be  entitled  to  20%
rebate since the appellant has already paid the enhanced compensation.

4.    The amounts due in  terms  of  the  Judgment  would  be  paid  to  the
appellant within a period of two months from the date of receipt of  a  copy
of this Judgment.
      No costs.
                                                   .......................J.
                                                        [ KURIAN JOSEPH ]

                                                   .......................J.
                                                [ ROHINTON FALI NARIMAN ]

      New Delhi;
      December 05, 2016.