Supreme Court of India · 2009-03-26
H.P. HOUSING BOARD vs JANAK GUPTA
- Citation / case number
- SC 2002/15273
- Court
- Supreme Court of India
- Petitioner
- H.P. HOUSING BOARD
- Respondent
- JANAK GUPTA
Judgment text excerpt
The Supreme Court held that the Commission's award of interest at a flat rate of 18% per annum is unsustainable, referencing its previous rulings in Ghaziabad Development Authority vs. Balbir Singh-I and II, which established that interest must be determined based on the specific facts of each case. The Court reiterated that while a general interest rate of 12% is appropriate for cases of delayed possession, exceptions may apply if culpable delay is proven. Consequently, the Court modified the Commission's order to award interest at 12% per annum, partly allowing the appeals.