K.RAHEJA CORP.P.LTD. vs. FRANKY MONTEIRO .

Case Type: Civil Appeal

Date of Judgment: 31-07-2018

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Full Judgment Text

1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9336 OF 2013 K. RAHEJA CORPORATION PVT. LTD. & ANR. Appellant(s) VERSUS FRANKY MONTEIRO & ORS. Respondent(s) WITH CIVIL APPEAL NO. 9343 OF 2013 CIVIL APPEAL NO. 9698 OF 2013 CIVIL APPEAL NO. 9714 OF 2013 CIVIL APPEAL NO. 9717 OF 2013 CIVIL APPEAL NO. 9718 OF 2013 CIVIL APPEAL NO. 9715 OF 2013 CIVIL APPEAL NO. 9716 OF 2013 J U D G M E N T KURIAN, J. 1. All these appeals pertain to allotment of land in the Special Economic Zone (SEZ). Mr. A.N.S. Nadkarni, learned Additional Solicitor General, has made available a copy of the Government Order dated 30.07.2018. The instruction shows that the Signature Not Verified Digitally signed by JAYANT KUMAR ARORA Date: 2018.09.17 11:08:45 IST Reason: Government has taken a decision to take back the lands involved in all these cases and refund the amounts paid by the parties along with interest. The 2 appellants submit that this is acceptable to them. 2. The Government Order is taken on record, which reads as follows :- “I am directed to refer to your Note dated 27/04/2018 on the above mentioned subject and to inform you rd that in the XXXIII Cabinet Meeting held on 27/07/2018, the Council of Ministers resolved to approve the proposal of Goa Industrial Development Corporation (Goa-IDC) to take back all the lands admeasuring 2 3840886 m allotted to 07 parties for setting up Special Economic Zone (SEZ) and refund the amount paid by SEZ parties along with interest, earned on such amounts paid by the parties amounting to Rs. 256,56,90,593/-. The Council of Ministers further directed that Goa-IDC may work out modalities to raise finances in order to meet the financial liabilities arising out of this settlement. You are, therefore, requested to initiate appropriate action in the matter. The action taken in this regard may kindly be intimated to this Department for appraisal of the Government.” 3 3. Therefore, these appeals are disposed of in terms of the Government Order. We direct the Industrial Development Corporation (IDC) to make the refund expeditiously and at any rate, within a period of three months from today. .......................J. [ KURIAN JOSEPH ] .......................J. [ SANJAY KISHAN KAUL ] New Delhi; July 31, 2018.