Bombay High Court
Shelton Infrastructire Pvt Ltd vs State Of Maharashtra Thr. Urban ... on 7 May, 2021
Author: G. S. Kulkarni
Bench: Dipankar Datta, G. S. Kulkarni
14-wpst 10294@[email protected] Prajakta Vartak IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO.10294 OF 2021 Shelton Infrastructure Pvt.Ltd. ...Petitioner vs. State of Maharashtra through Urban Development Department & Ors. ...Respondents AND WRIT PETITION (ST.) NO.10295 OF 2021 Shelton Infrastructure Pvt.Ltd. ...Petitioner vs. State of Maharashtra through Urban Development Department & Ors. ...Respondents AND WRIT PETITION (ST.) NO.10316 OF 2021 Godrej Properties Ltd. ...Petitioner vs. The State of Maharashtra through Urban Development Department & Ors. ...Respondent ..... Mr.Virag Tulzapurkar, Senior Advocate with Ms.Bindi Dave, Mr.Ieshan Sinha and Mr.Aayesh Gandhi i/b.Wadia Ghandy & Co. for petitioners. Mr.B.V. Samant, AGP for State. Mr.G.S. Hegde with Ms.P.M. Bhansali for CIDCO. Mr.Sandeep Marne for Respondent No.3. ..... CORAM :- DIPANKAR DATTA, CJ & G. S. KULKARNI, J.
DATE :- MAY 07, 2021.
PC :
1. We have heard Mr.Tulzapurkar, learned senior counsel for the petitioners, Mr.Hegde, learned counsel for the CIDCO and 1/5 ::: Uploaded on - 07/05/2021 ::: Downloaded on - 10/09/2021 16:11:38 ::: 14-wpst 10294@[email protected] Mr.Marne, learned counsel for the Navi Mumbai Municipal Corporation.
2. The petitioners in these three petitions are similarly situated. They are participants in a tender process initiated by the CIDCO for allotment of residential-cum-commercial plots. The CIDCO has held them eligible for such allotment. At the time of submission of their bids, the petitioners have paid substantial amounts as 'Earnest Money Deposit' and now the allotment process has reached to a stage that the frst installment of the lease premium is required to be paid by the petitioners after some days. It is at this stage, by certain actions which are taken by Navi Mumbai Municipal Corporation, an uncertainty has arisen qua the proposed allotment in favour of the petitioners, for the reason that these open and free plots ofered to the petitioners, are now sought to be placed under reservation by Navi Mumbai Municipal Corporation for public purposes.
3. The contention of the petitioners is to the efect that if the plots are now to be reserved, the entire purpose for which the petitioners have participated in the CIDCO's tender 2/5 ::: Uploaded on - 07/05/2021 ::: Downloaded on - 10/09/2021 16:11:38 ::: 14-wpst 10294@[email protected] process would stand nullifed as the petitioners would not be in a position to use the plots for the purpose of which the allotment procedure was undertaken by the CIDCO. The petitioners intention was never to participate in a process to seek allotment of any plots which in any manner are encumbered.
4. The petitioners have also contended that when the plots were so notifed under the tender, there was no proposal to have any reservation for the public purpose qua such plots. In fact the CIDCO had notifed that the plots shall be used only for the purposes for which they have been notifed that is for residential and commercial use.
5. On the backdrop of the controversy, the immediate urgency which has been pointed out on behalf of the petitioners is that the frst installment of the lease premium is immediately payable to the CIDCO and if such an installment is paid and in the event the plots are declared to be under reservation, the entire purpose of the allotment would stand nullifed causing a serious prejudice and injury to the petitioners. They have accordingly prayed for interim reliefs 3/5 ::: Uploaded on - 07/05/2021 ::: Downloaded on - 10/09/2021 16:11:38 ::: 14-wpst 10294@[email protected] to postpone and/or suspend the payment of the installment which is immediately due.
6. Considering the nature of the grievances as urged on behalf of the petitioners, we would require the Navi Mumbai Municipal Corporation and the CIDCO to fle reply afdavits and accordingly adjourn these petitions, and while doing so grant an interim protection to the petitioners. We accordingly adjourn the hearing of these petitions to July 13, 2021. The respondents-Corporation and CIDCO shall fle their respective reply afdavits by June 21, 2021. Rejoinder, if any, be fled by July 05, 2021.
7. Till July 30, 2021 or until further order, whichever is earlier, there shall be ad-interim reliefs in terms of prayer clause (f) in writ petition Nos.10294 of 2021 and 10295 of 2021 and prayer clause (i) in writ petition No.10316 of 2021 which read thus:-
"Writ Petition Nos.10294 of 2021 and 10295 of 2021 f. That pending the hearing and fnal disposal of the instant Writ Petition, this Hon'ble Court be pleased to direct Respondent No.2 to suspend and/or extend the schedule of payment stipulated at clause G of the Allotment Letter, Exhibit I hereto, without levying on the Petitioner, any interest or charges or 4/5 ::: Uploaded on - 07/05/2021 ::: Downloaded on - 10/09/2021 16:11:38 ::: 14-wpst 10294@[email protected] penalty of any nature, monetary or otherwise, and/or forfeiture and/or termination of the Allotment Letter, Exhibit "I" hereto."
" Writ Petition No.10316 of 2021 I. That pending the hearing and fnal disposal of this Writ Petition, this Hon'ble Court be pleased to direct Respondent No.2 to extend and/or suspend the Schedule of Payment at Clause C of the Allotment Letters, without levying any interest or charges or penalty or late payment charges of any nature, whatsoever on Petitioner."
(G. S. KULKARNI, J.) (CHIEF JUSTICE) 5/5 ::: Uploaded on - 07/05/2021 ::: Downloaded on - 10/09/2021 16:11:38 :::