Rani Likhari vs. State Of U. P.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

REVIEW PETITION (CIVIL) No. 1507 OF 2013

IN

SLP (C) No. 28146 of 2010

Rani Likhari ... Appellant

Versus

State of U.P. & Ors. ...Respondents

O R D E R

This is an application for review of order dated 6th January, 2012, passed in SLP(C) No. 28146 of 2010, which reads as follows:-

"We are not inclined to interfere with the impugned judgment. The Special Leave Petition is dismissed. However, in the facts and circumstances of this case, we direct the respondent-authority to refund the amount with 12 per cent interest from the date of deposit."

It is submitted by Mr. D.K. Singh, learned counsel for the petitioner that respondent No. 2, namely, Greater Noida Industrial Development Authority, and its functionaries, misinterpreting the order have granted interest from the date of deposit till 18.9.2007. Learned counsel further submitted that though the petitioner had deposited the entire amount commencing 2004 to 2007, yet he has been refunded the said amount on 30th July, 2012 by computing the interest in a different manner and not according to the intention expressed by this Court.

Having heard, learned counsel for the petitioner and Mr. Ravindra Kumar, learned counsel for respondent Nos. 2 and 3 and Mr. Vikrant Yadav, learned counsel for the State of U.P., we clarify that the petitioner shall be entitled to interest @ 12% p.a. on pro-rata basis on the first deposit, i.e., 2004 and similarly in respect of further deposits, till the completion of the deposit in its entirety. Thereafter, interest shall be computed on the entire sum at the rate of 12% p.a. till the date of payment.

The Review Petition is disposed of accordingly.

..................................J. [Dipak Misra]

...................................J. [Ranjan Gogoi] New Delhi; September 27, 2013. ITEM NO.301 COURT NO.12 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS REVIEW PETITION (C) NO(s). 1507 OF 2013 IN SLP(C)NO.28146/2010 RANI LIKHARI Petitioner(s) VERSUS STATE OF U.P. & ORS. Respondent(s) (With appln(s) for c/delay in filing review petition and office report) Date: 27/09/2013 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE RANJAN GOGOI For Petitioner Mr. D.K. Singh,Adv. Mr. Pradeep Shukla,Adv. Ms. Archita Phookan,Ad. For Mr. A. Sengupta,AOR (Not present) For Respondent Mr. Vikrant Yadav,Adv. State Mr. Sudeep Kumar,Adv. Ms. Archana Singh,Adv. Mr. Abhisth Kumar,AOR Authority Mr. Ravindra Kumar,Adv. UPON perusing papers the Court made the following O R D E R The Review Petition is disposed of in terms of the signed order.

(Sarita Purohit) (Sneh Bala Mehra) Court Master Court Master

(Signed order is placed on the file)