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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.

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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.