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august 2004

Supreme Court of India · 2004-08-10

HARYANA URBAN DEVELOPMENT AUTHORITY vs PRITI CHAWLA

Citation / case number
SC 2002/17300
Court
Supreme Court of India
Petitioner
HARYANA URBAN DEVELOPMENT AUTHORITY
Respondent
PRITI CHAWLA
Author
S. N. VARIAVA
Bench
S. N. VARIAVA & ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that interest at the rate of 18% per annum cannot be uniformly applied in all cases, as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court emphasized that compensation for mental agony must correlate with actual loss or injury, requiring a finding of deficiency in service or misfeasance in public office. The Court set aside the National Commission's order increasing interest to 18% and confirmed the State Forum's awards for mental agony and costs, while directing a recalculation of compensation for construction cost escalation based on CPWD rates.

HARYANA URBAN DEVELOPMENT AUTHORITY vs PRITI CHAWLA · Niyam