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2026 Supreme(Cal) 345

IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
R.D.B. Builders Private Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Mr. Soumya Majumder, Sr. Adv. Mr. Mainak Ganguly Mr. Siddharth Shroff
For the Respondent: Mr. Pradip Kumar Dutta, Sr. Adv. Mr. Chanchal Kumar Dutta Ms. K. Mallick, Mr. Amal Kr. Sen, Ld. A.A.G. Mr. Sabyasachi Mondal

Judgment :

Krishna Rao, J.

1. The petitioners have filed the present writ application challenging the orders passed by the respondent no. 2 on 3rd July, 2023 and 31st July, 2023, which reads as follows:

“4. Therefore, considering all the above and in continuation of the order dated 03.07.2023 passed in the matter, it is hereby ordered that:

(i) The promoter shall pay to the petitioners mentioned in para 3 above, a compensation which will be the amount equal to 10% of the purchase value of their respective flats with a simple interest @12% from the date of making over possession of the flat to the respective petitioner to the date of paying the compensation. This amount may also be set of against pending payments on the part of the petitioners, if any, in which case interest will not be applicable on the amount so set off. The payment will have to be made within three months from the date of this order.

(ii) The promoter shall pay to the petitioners mentioned in para 3 above, further compensation at the rate of 12% per annum (simple interest) on the total payment received from the respective petitioners till the completion date mentioned in their agreements for the period commencing from

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