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1991 Supreme(SC) 55

S.RANGANATHAN, S.C.AGRAWAL, N.D.OJHA
FORESHORE COOPERATIVE HOUSING SOCIETY LTD. , BOMBAY – Appellant
Versus
NIVARA HAKK SURAKSHA SAMITI, BOMBAYS – Respondent


ORDER

1. The Maharashtra Government allotted certain plots of land to the Foreshore Cooperative Housing Society Limited (hereinafter referred to as the Society), a cooperative Society formed by some sitting and retired Judges of the Supreme Court and Bombay High Court. The land was originally allotted to the Society on a ground rent calculated at 8 per cent of the value of the land worked out at Rs 2280 per sq. metre but, by a letter dated January 21, 1990 (the correct date appears to be January 2, 1990), the ground rent was reduced to six and a half per cent per annum on the value of the land calculated at the rate of Rs 1050 per sq. metre. A writ petition was filed by the Nivara Hakk Suraksha Samiti, Bombay, by way of public interest litigation, challenging the validity of the above allotment and reduction in lease rent. The High Court, after hearing contentions of both the parties, upheld the allotment but set aside the reduction of the lease rent as per the letter dated January 21, 1990. The writ petitioners before the High Court as well as the Society have preferred these petitions for special leave before us.

2. In support of his petition, Shri Sebastian, learned counsel for th










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