Jammu & Kashmir High Court
Sharma Lime Kiln And Others vs Union Of India And Others on 7 May, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 99
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CM No. 1229/2025 in
OWP No. 812/2005
Sharma Lime Kiln and others .....Applicant(s)/Petitioner(s)
Through: Mr. U. K. Jalali, Sr. Advocate with
Ms. Shivani Jalali, Advocate.
Vs
Union of India and others
.....Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(07.05.2025)
01. Adjudication of writ petition OWP No. 812/2005 filed by
fourteen (14) petitioners came to take place by virtue of a
judgment dated 03.02.2025 passed by this Court.
02. The judgment dated 03.02.2025 disposing of the writ
petition OWP No. 812/2005 was following the judgment
given by a co-ordinate Bench of this Court in a writ petition
OWP No. 803/2005.
03. The writ petition OWP No. 803/2005 came to be disposed of
by virtue of a judgment dated 28.09.2018 against which a
letters patent appeal LPAOW No. 05/2019 came to be filed
and disposed of vide judgment dated 29.10.2021 and finally
the matter was taken to Hon'ble the Supreme Court of India
through Special Leave Petition SLP(C) No. 6160/2022
resulting in Civil Appeal No. 5421/2023 disposed of vide
judgment dated 25.08.2023.
04. The operative part of the judgment dated 28.09.2018 in
OWP No. 803/2005 which attained and retained its finality
upto the Hon'ble Supreme Court of India with respect to the
direction unto the writ respondents to release the amount
of interest @ 12% per annum, in favour of the writ
petitioners of OWP No. 803/2005, accrued on the amount
deposited by the writ petitioners and illegally withheld by
the writ respondents, from the day the amount was
deposited by the writ petitioners with the respondents to
the date of final realization.
05. This Court while disposing of the writ petition OWP No.
812/2005 passed on the direction for refund and release of
the amount of interest in favour of the writ petitioners of
OWP No. 812/2005 @ 12% on the amount of
Rs. 1,48,87,476/- as being the amount it was deposited by
the petitioners before being refunded to them but the
subsequent part of the direction as given in the judgment
dated 28.09.2018 got missed out in being mentioned and
that is "and illegally withheld by the respondents, from the
day the amount was deposited by the petitioners with the
respondents to the date of its final realization".
06. For seeking the incorporation of the aforesaid
observation/direction in the judgment dated 03.02.2025,
the petitioners have come forward with the present
application CM No. 1229/2025.
07. The prayer made in the application is genuine and on parity
basis with the disposal of the writ petition OWP No.
803/2005 in terms of judgment dated 28.09.2018, as such,
the application is allowed and the direction given by this
Court in para-29 of the judgment dated 03.02.2025 be read
in the following manner.
"29. Thus, the respondent No. 2-BCCL, in
particular, is directed to pay interest in favour of the
petitioners @ 12% per annum on the amount of Rs.
1,48,87,476/- as being the amount which was
deposited by the petitioners before getting refunded
to them, and illegally withheld by the respondents,
from the day the amount was deposited by the
petitioners with the respondents to the date of its
final realization. Needful be done by the respondent
No. 2-BCCL within a period of three months from
the date a certified copy of this judgment is served
upon the respondent No. 2-BCCL by the
petitioners."
08. Application stands disposed of. The present order to be
read as part and parcel of judgment dated 03.02.2025.
(RAHUL BHARTI)
JUDGE
JAMMU
07.05.2025
Shivalee
