M/S. Devkrupa Lifestyle Llp And ANR v. The City And Industrial Development Corporation Of Maharashtra Ltd. And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6781 OF 2022 M/s Devkrupa Lifestyle LLP WRIT PETITION NO.6782 OF 2022 Bhagwati Signature LLP WRIT PETITION NO.6844 OF 2022 Jitendra Narbheshankar Bhatt WRIT PETITION NO.6853 OF 2022 Aura Buildcon 1/6
WRIT PETITION NO.6867 OF 2022 Estrela Estates WRIT PETITION NO.6869 OF 2022 M/s Shri Harikrishna Enterprises WRIT PETITION NO.6876 OF 2022 Matrix Superstructures WRIT PETITION NO.6937 OF 2022 Tricity Realty LLP 2/6
WRIT PETITION (ST.) NO.13701 OF 2022 M/s Royal Buildcon WRIT PETITION (ST.) NO.13687 OF 2022 Bluescape Constructions WRIT PETITION (ST.) NO.13765 OF 2022 M/s Neelkanth Enterprises WRIT PETITION (ST.) NO.13691 OF 2022 M/s Gajora Infra 3/6
WRIT PETITION (ST.) NO.13692 OF 2022 M/s Tricity Realty LLP WRIT PETITION (ST.) NO.13703 OF 2022 M/s Shyam Builders And Developers WRIT PETITION (ST.) NO.13689 OF 2022 M/s Future Icon Builders LLP *** Mr. R.D. Soni a/w Mr. V.R. Kasle, Inesh Somkhala, Eknath Dogardive, 4/6
Tushar Momaya i/b Ram & Co. for the Petitioners. Mr. V.R. Kalse i/b Ram & Co. for the Petitioners in Writ Petition (St.) Nos.13701 of 2022, 13687 of 2022, 13765 of 2022, 13691 of 2022, 13692 of 2022, 13703 of 2022 and 13689 of 2022. Mr. Nitin Gangal for the Respondent-CIDCO in Writ Petition Nos.6782 of 2022 and 6843 of 2022.
Mr. G.S.Hegde for the Respondent-CIDCO in Writ Petition Nos.6869 of 2022 and 6876 of 2022.
Mrs. P.J. Gavhane, AGP for the Respondent-State in Writ Petition No.6781 of 2022.
Mrs. S.S. Bhende, AGP for the Respondent-State in Writ Petition No.6782 of 2022.
Mr. V.M. Mali, AGP for the Respondent-State in Writ Petition No.6844 of 2022.
Mr. S.B. Kalel, AGP for Respondent-State in Writ Petition No.6853 of 2022.
Mr. S.S. Panchpor, AGP for the Respondent-State in Writ Petition No.6867 of 2022.
Mr. S.S. Panchpor, AGP for the Respondent-State in Writ Petition No.6869 of 2022.
Mr. S.S. Panchpor, AGP for the Respondent-State in Writ Petition No.6876 of 2022.
Mrs. M.P. Thakur, AGP for the Respondent-State in Writ Petition No.6937 of 2022.
*** CORAM : S.V. GANGAPURWALA & DHIRAJ SINGH THAKUR, JJ.
DATE : 13 JUNE 2022 P. C. :
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The grievance of the Petitioners is that the Petitioners had applied for the plots pursuant to the Advertisement. The Petitioners have deposited EMDs. For six months, EMDs are lying with the RespondentCIDCO. Abruptly, the tenders are cancelled without assigning reasons. The same is arbitrary.
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Learned Counsel for the Respondent-CIDCO submits that even otherwise the Petitioners have remedy before the Managing Director of CIDCO. The Petitioners can avail remedy. Learned Counsel for the Respondent-CIDCO also disputes the contention of the Petitioners. In view of the fact that the Petitioners have remedy before Managing Director of CIDCO, as contended by learned Counsel for CIDCO, we are not inclined to go into the merits of the contentions of the parties, they are kept open.
The Petitioners may file representation/application with Managing Director, within a period of one week from today. If such representation/application is filed within one week from today, the Managing Director shall consider the said representation/application and take a decision according to its own merits and according to law/policy, preferably within six weeks from the date of receipt of the representation/ application. The Petitioners may represent themselves before the Managing Director.
Till the decision is taken by the Managing Director, further proceeding regarding allotment of writ land may not be undertaken. Depending upon the decision taken by the Managing Director, further steps be undertaken.
In view of the aforesaid, the above Writ Petitions are disposed of. RAJESH VASANT CHITTEWAN RAJESH VASANT CHITTEWAN Date: 2022.06.18 11:52:18 +0530 (DHIRAJ SINGH THAKUR, J.) (S.V. GANGAPURWALA, J.) 6/6