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Supreme Court of India 2019-05-09 dismissed

STATE OF BIHAR (NOW ST.OF JHARKHAND) THROUGH THE SUB DIVISIONAL OFFICER vs TATA IRON AND STEEL CO. LTD

Bench: 2 — L. Nageswara Rao, M.R. Shah

In Brief

TATA Iron & Steel Company held industrial and civic amenity lands from Bihar State under a 1985 Lease Deed. In 1994, the State claimed it had erroneously calculated interest without the term 'per annum' in Clause (xii) and demanded an additional Rs. 5.97 crores. The Supreme Court upheld the High Court's decision quashing the demand, finding that Clause (xii) deliberately omitted 'per annum' (unlike Clause (xv), which included it) and thus interest was payable on a lump-sum basis only. The Court rejected the High Court's reasoning that the demand was not a 'public demand' under the Recovery Act, holding that it was, but the demand itself was invalid because it miscalculated the agreed obligation.

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Land Law Contract Interpretation Public Demands Recovery Tenancy Industrial Land Government Recovery Proceedings

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