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august 2012

Supreme Court of India · 2012-08-16

PUNJAB URBAN PLANNING & DEV.AUTH. vs RAGHU NATH GUPTA .

Citation / case number
SC 2009/4000
Court
Supreme Court of India
Petitioner
PUNJAB URBAN PLANNING & DEV.AUTH.
Respondent
RAGHU NATH GUPTA .
Author
MADAN B. LOKUR K.S. RADHAKRISHNAN
Bench
MADAN B. LOKUR K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court ruled that the Punjab Urban Planning and Development Authority (PUDA) cannot claim interest, penal interest, or penalties for delayed payments from respondents who accepted allotments of commercial plots, due to PUDA's own delay in providing essential amenities. The Court upheld the High Court's decision, which relied on the precedent set in Municipal Corporation, Chandigarh v. Shantikunj Investment (P) Ltd. (2006) 4 SCC 109, establishing that a party cannot benefit from its own delay. The appeals were dismissed, affirming the High Court's judgment.

PUNJAB URBAN PLANNING & DEV.AUTH. vs RAGHU NATH GUPTA . · Niyam