Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 4078-4079 OF 2016
[@ SPECIAL LEAVE PETITION (C) NOS. 37481-37482 OF 2013]
PARSHOTAM LAL & ANR Appellant(s)
VERSUS
STATE OF PUNJAB & ORS Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The issue raised in these appeals pertains to the
discretion exercised by the Revisional/Appellate
Authority with regard to the percentage of forfeiture
on surrender of plots.
JUDGMENT
3. Having noticed that there is no uniform approach,
this Court, by order dated 01.04.2016, directed the
respondents to get instruction as to why a similar
treatment, as in Annexure P6, be not granted to the
appellants as well.
4. The learned counsel appearing for the respondents
rightly submits that there cannot be a uniform
standard because the factual position may vary from
case to case and that has a bearing on the percentage
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of the forfeiture. It is also pointed out that the
entire exercise is carried out only as per the
provisions under the Statute.
5. We have no quarrel with the submissions.
However, having regard to the peculiar facts and
circumstances of these cases, we are of the view that
the interest of justice would be met if a direction
is issued to have a similar treatment, as in Annexure
P6, to the appellants herein as well. Ordered
accordingly.
6. The appeals are, accordingly, allowed with a
direction that the percentage of forfeiture in the
case of the appellants herein shall be reduced to 2%.
7. We make it clear that the above order is in the
JUDGMENT
peculiar facts and circumstances of these cases and
may not be treated as a precedent.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ R. BANUMATHI ]
New Delhi;
April 18, 2016.
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