LAW FOR ALL

Civil Suits - Equities - the respondent took land on lease not from a rightful owner - constructed Hospitals therein - suitable compensation - Apex court held that the Appellants are entitled and the first Respondent Apollo Hospitals is liable to pay the following amounts: Compensation towards value of land Rs.24,04,188 per cottah for 11.66(11.659) cottah which comes to Rs.2,80,32,832 (Rupees Two Crores Eighty Lakhs Thirty Two Thousand Eight Hundred and Thirty Two only). Interest at the rate of 2% per annum for 23 years which works out to Rs.1,28,95,102 (Rupees One Crore Twenty Eight Lakhs Ninety Five Thousand One Hundred and Two only). Utilization charges at the rate of Rs.21,500 per annum equal to Rs.4,94,500 (Rupees Four Lakhs Ninety Four Thousand Five Hundred only). Costs Rs.5 lacs (Rupees Five Lakhs only). The first Respondent shall deposit the sum of Rs.4,20,00,000 with the Secretary General of this Court within four weeks from today. The Appellants shall make all arrangements to produce the original title deeds and specify the schedule of the land and the sketch from the competent authority of the revenue department and furnish the same within eight weeks from this date. On submission of such records, by the Appellants to this court, the first Respondent shall inspect those records and express its confirmation. On such confirmation being submitted by the first Respondent within two weeks of the submission of the records by the Appellants, within two weeks thereafter the Appellants will execute a deed of conveyance of the land admeasuring about 11.66 (11.659) cottah of land in favour of first Respondent. All stamp duty and registration charges and other incidental expenses for the conveyance shall be borne by the first Respondent Appollo Hospitals. On such registration of the conveyance deed, the Appellants will be at liberty to seek for release of Rs.4,20,00,000 with whatever interest accrued thereon. The State of West Bengal shall direct its authorities to ensure that the lands involved in this appeal, namely, 11.66 (11.659) cottah is issued necessary certificate of such demarcation. The above said directions are without prejudice to the rights of the first Respondent hospital in relation to the rest of the lands which is governed by the registered lease deed dated 21.06.1991 as between the first Respondent hospital and the State of West Bengal which is stated to be for a period of 30 years with provision for option for further renewal for additional two terms of 30 years each. It is needless to state that the said rights of the first Respondent hospital under the registered lease deed dated 21.06.1991 would be governed by the terms and conditions contained therein in respect of the lands, namely, 34,147 - 743.21 square metre = 33,403.79 square metres. On deposit of the sum of Rs.4,20,00,000 with the Secretary General of this Court as per paragraph “a” of these directions, the Secretary General shall invest the same in UCO Bank initially for a period of six months. It shall be renewed periodically pending further orders to be passed by this Court. With the above directions, these appeals will stand disposed of. However, in order to ensure compliance of the directions by all the parties concerned, call these appeals for passing final orders in the first week of December, 2014. However, in the meantime, if all formalities are complied with, it is open to the parties to mention for posting the above appeals for passing final orders. = CIVIL APPEAL NOS…83-6684 OF 2014 (@ SLP (C) Nos. 8854-8855 of 2010) Somnath Chakraborty and Anr. … Appellants VERSUS Appollo Gleneagles Hospitals Ltd. & Ors. … Respondents = 2014 July. Part – http://judis.nic.in/supremecourt/filename=41788