Mahatma Gandhi Mission Trust vs The State Of Maharashtra on 23 November, 2010
5. Mr. A.S. Bajaj, learned Counsel appearing for
respondent nos.2 and 3 / CIDCO, submits that in view of the
judgment passed by the Division Bench of this Court, in Writ
Petition No. 2338/1999, dated 10th November 2000, it was not
permissible for the CIDCO to allot the land to the petitioner,
directly, in the absence of public proclamation or tenders. He
further submits that the possession of the petitioner, on the land
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( 7 ) W.P. No. 6310/2010
in question, has been held to be encroachment, by the Division
Bench of this Court, in Writ Petition No. 4952/1999. The said
finding has been affirmed by the judgment of the Apex Court, in
the case of Mahatma Gandhi Mission Vs. City & Industrial
Development Corporation Ltd. & others ((2005) 12 Supreme
Court Cases 115). He, therefore, submits that if the contention
of the petitioner is to be accepted, it would amount to granting
premium to an encroacher. He further submits that an actual
allotment of land was never done to the petitioner. He further
submits that only an offer was made to the petitioner and it was
subject to approval by the State Government.