ASHOKA LEYLAND LTD Vs. RIICO

JUDGEMENT

(1.) THE appellant company approached learned Single Judge by filing writ petition against the action of respondents in raising demand for recovery of Rs. 25,43,343/- as an enhanced compensation to be paid to Nirmala Devi and Gulab Devi whose land was acquired by the respondents and allotted to the appellant Company. Learned Single Judge vide order dated March 5, 1999 dismissed the writ petition.

(2.) THE appellant company is, thus, before us.

(3.) IN the intra Court appeal the arguments which have been abandoned before the learned Single Judge, cannot be permitted to be raised. But even if we consider the submission, we notice that by executing the lease agreement dated July 23, 1984 the appellant company had agreed to pay in case of private land to be acquired the cost of acquisition plus 15% overhead charges. Clause 4 of the agreement reads as under:- &nbsp&nbsp&nbsp&nbsp&nbsp" 4. That the lesee agrees to pay the development charges in case of private land to be acquired at the rate of Rs. 5/- per square meter or the cost of acquisition plus 15% over head charges whichever is higher. "