SOMNATH CHAKRABORTY AND ANR. versus APPOLLO GLENEAGLES HOSPITALS LTD. & ORS.

SOMNATH CHAKRABORTY AND ANR. versus APPOLLO GLENEAGLES HOSPITALS LTD. & ORS.

The first respondent hospital is liable for payment of compensation for the full extent of 11.66 (11.659) cottah of land at current market value, utilization charges, interest at 2% per annum for 23 years, and costs, as the appellants were deprived of property and no surplus land was found under the Urban Land...

Source-derived case information.

Parties
Appellant: Somnath Chakraborty; Respondent: Apollo Gleneagles Hospitals Ltd.; Respondent: State of West Bengal; Respondent: Pijush K. Roy; Respondent: Avijit Bhattacharjee
Jurisdiction
India
Judgment Date
23 July 2014
Procedural Posture
Civil Appeal / Final Judgment on Appeal Under Article 136
Outcome
Appeals disposed
Legal Topics
Compensation, Lease, Vesting of Property, Utilization Charges, Interest, Costs
Property Law Urban Land Ceiling Compensation Lease Vesting of Property Utilization Charges Interest Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Somnath Chakraborty

Appellant

Apollo Gleneagles Hospitals Ltd.

Respondent

State of West Bengal

Respondent

Pijush K. Roy

Respondent

Avijit Bhattacharjee

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal Under Article 136

Legal Issues

  1. 1 Whether the appellants are entitled to compensation for land taken and leased to respondent hospital under Urban Land (Ceiling & Regulation) Act, 1976
  2. 2 How compensation, utilization charges, interest, and costs should be quantified and paid

Ratio Decidendi

The first respondent hospital is liable for payment of compensation for the full extent of 11.66 (11.659) cottah of land at current market value, utilization charges, interest at 2% per annum for 23 years, and costs, as the appellants were deprived of property and no surplus land was found under the Urban Land Ceiling Act.

Court Disposition

Appeals disposed

Orders

  • First respondent shall deposit Rs.4,20,00,000 with Secretary General of the Supreme Court within four weeks
  • Appellants to produce original title deeds and schedule of land within eight weeks