Entitlement to 20% Rebate on Additional Cost of Land in Land Disputes

The case before the Supreme Court involves Hamdard Laboratories, the appellant, challenging the decision of the High Court regarding the entitlement to a 20% rebate on the additional cost of land payable to the Haryana State Industrial and Infrastructure Development Corporation (HSIIDC). The appellant, Hamdard Laboratories, contended that they were entitled to this rebate, as there was no restriction mentioned in the notification to deny such a benefit.

The issue raised in the appeal centered around the interpretation of the notification concerning the cost of land acquisition. The appellant argued that the High Court had failed to appreciate that the 20% rebate was included in the enhanced cost of land, which they had already paid. The respondent, Haryana State Industrial and Infrastructure Development Corporation, contested this claim, arguing that the rebate should not be applicable based on the terms of the notification.

In the proceedings, the Supreme Court considered the arguments from both sides. Justice Kurian Joseph, delivering the judgment, found merit in the appellant’s argument. He noted that the notification did not contain any explicit restriction on the entitlement to the rebate. Consequently, the appellant was entitled to the 20% rebate on the additional cost of land, as the enhanced compensation had already been paid.

The Supreme Court allowed the appeal, declaring that Hamdard Laboratories was indeed entitled to the 20% rebate. The judgment also stipulated that the amounts due under this decision would be paid to the appellant within two months from the date of receipt of the copy of the judgment.

In conclusion, the Court’s ruling clarified that, in the absence of any explicit restriction in the notification, the appellant was entitled to the rebate on the additional cost of land. This judgment reinforces the principle that the terms of a notification should be interpreted in a manner that benefits the entitled party, particularly when no explicit restriction exists.

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