Gautam Sarkar v. Estate Manager, W. M. Palace, Murshidabad
1999-12-10
A.P.MISRA, B.N.KIRPAL
body1999
DigiLaw.ai
( 1 ) SPECIAL leave granted. ( 2 ) AFTER hearing the learned counsel for the parties, we are of the opinion that in view of the orders of this Court in T. N. Godavarman Thirumullapad v. Union of India and Others, [ 1997 (2) SCC 267 ], the question of the appellant being allowed to cut trees does not arise. A sum of Rs. 3,50,000. 00/- has been paid by the appellant. The Single Judge of the High court held that the appellant is entitled to the refund of the same. In our opinion, the said refund should be granted along with interest at the rate of 12 per cent per annum from the date of the deposit till the date of payment. ( 3 ) THE appeal is disposed of accordingly. SUPREME COURT OF INDIA GAUTAM SARKAR Vs. Estate Managerw. M. Palace Murshidabad Decided on DECEMBER 10, 1999 ( 1 ) SPECIAL leave granted. ( 2 ) AFTER hearing the learned counsel for the parties, we are of the opinion that in view of the orders of this Court in T. N. Godavarman Thirumullapad v. Union of India and Others, [ 1997 (2) SCC 267 ], the question of the appellant being allowed to cut trees does not arise. A sum of Rs. 3,50,000. 00/- has been paid by the appellant. The Single Judge of the High court held that the appellant is entitled to the refund of the same. In our opinion, the said refund should be granted along with interest at the rate of 12 per cent per annum from the date of the deposit till the date of payment. ( 3 ) THE appeal is disposed of accordingly.