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
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. =
the appeals pertain to a piece of land which
is as on date in the possession of the first Respondent Appollo Gleneagles
Hospitals Ltd. (hereinafter called “Appollo Hospitals”), which was
originally owned by one Narayan Chandra Dutta.
He stated to have sold the
said lands to one Tilak Sundari Debi.
Her title was confirmed after
prolonged litigation in the judgment of the High Court of Calcutta dated
25.07.1986 in Second Appeal No. 384 of 1967.
When the said litigation was
pending, the heirs of late Tilak Sunderi Debi sold the said lands to the
present Appellants who became the joint owners of the land consisting of 11
Katha 10 chitaks and 25 square feets, in all 11.659 cottah of land. =
DIVISION BENCH
The Division Bench by the judgment impugned in
these appeals held as under in paragraph 12.1:
“12.1 The second appellate decree might be binding only upon the parties to
the said proceedings. However, it is otherwise a judgment in rem, at least
against any person claiming title derived from the judgment debtor. Hence,
State deriving title by way of vesting from Orient was not entitled to deny
the right, title and interest of the respondents in question.” (underlining
is ours)
Again in paragraph 12.2 the Division Bench observed as under:
“12.2…….The title was in dispute. Hence the doctrine of lis pendence would
apply. During the pendency of the second appeal, the present respondents
purchased the interest of the then owner of the said land in question which
was yet to be adjudicated upon. They stepped into the shoes of their
predecessor in interest. The declaration was made in their favour by the
Division Bench of this Court. Hence, the State was obliged to proceed
against them under the provisions of the said Act of 1976. The learned
Single Judge rightly observed as such and we are in full agreement with His
Lordship on that score.” (underlining is ours)
Again in paragraph 12.3 the Division Bench made further observations to the
following effect:
“12.3 It is true that the hospital was constructed by Appollo by spending
huge sum. They did it at their own risk and peril as it was a lease for 30
years which is going to expire in 2021. The Hospital authority took that
risk before proceeding further. Hence, the contention made by Mr. Mitra on
that score cannot be accepted.”
Further observation was made by Division Bench in paragraph 12.4 as under:
“12.4 We however, feel that although it is a private hospital it is serving
people of the State giving medical services and it would not be proper to
stop such activity at this stage. We are prompted to say so as we also find
the respondents guilty of laches. They did not approach the appropriate
authority at the right moment. They should have raised objection
contemporaneously. However, such laches cannot take away their right to
claim appropriate relief without disturbing the hospital, if possible.”
(underlining is ours)
Ultimately the Division Bench issued the following direction in paragraphs
13.1 and 13.2. The same are extracted as under:
“13.1 The order of the learned Single Judge is thus modified to the extent
that the hospital authority need not hand over actual physical possession
to the State before a final declaration, if any, is made under Section 10
(3) considering the return to be submitted by the respondents in terms of
the liberty granted by His Lordship to them.
13.2 The hospital authority would be obliged to compensate the respondents
to the extent of the land, if any allowed to be retained by them, by the
competent authority under the said Act of 1976 and for the balance part of
the land the State would be obliged to pay compensation in accordance with
law.”
The above said judgment of the Division Bench is the subject matter of
challenge in these appeals. =
Apex court held that
Accordingly, we hold that the Appellants are
entitled and the first Respondent Appollo 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.
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