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2021 Supreme(SC) 755

N. V. RAMANA, VINEET SARAN, SURYA KANT
Vice Chairman & Managing Director, City And Industrial Development Corporation Of Maharashtra Ltd. – Appellant
Versus
Shishir Realty Private Limited – Respondent


Advocates appeared:
For the Appellant(s) :Amol Nirmalkumar Suryawanshi, Rakesh Dwivedi, A.S. Nadkarni, Shikhil Suri, Madhu Suri, Nikita Thapar, Vinishma Kaul, Komal Gupta, Mahima Aggarwal, Divya Swami, Advocates
For the Respondent(s):Pragya Baghel, Liz Mathew, Nishant Ramakantrao Katneshwarkar, M/S. Karanjawala & Co., Gaurav Goel, Rakesh Dwivedi, A.S. Nadkarni, Shikhil Suri, Madhu Suri, Nikita Thapar, Vinishma Kaul, Komal Gupta, Mahima Aggarwal, Divya Swami, Sanjay Udeshi, Aditya Udeshi, Darshan Ashar, Gaurav Nair, Pranati Bhatnagar, Saurabh Chaudhary, Anne Mathew, Advocates

JUDGMENT :

N.V. RAMANA, CJI.

1. These Civil Appeals arise out of the impugned judgment dated 06.12.2013 passed by the High Court of Judicature at Bombay in Writ Petition No. 702 of 2011, Writ Petition No. 5245 of 2011, and Public Interest Litigation No. 55 of 2011.

2. At the outset, a brief sketch of the facts is necessary for determining the issue. On 11.06.2008, the appellants in Civil Appeal Nos. 3956-3957 of 2017 (City and Industrial Development Corporation of Maharashtra, for short “CIDCO”) called for a tender for lease of land within its jurisdiction, for purposes of development of necessary infrastructure such as Hotels etc., around Navi Mumbai Airport. Respondent-M/s Metropolis Hotels was one of the bidders.

3. Before approval of the tender, technical qualifications of the bidders were scrutinized and approved by the CIDCO’s legal team on 25.07.2008 in the following manner:

    “Metropolis Hotels is a Partnership firm consisting of M/s Sun-N-Sand Hotel Pvt. Ltd. and Shishir Realty Pvt. Ltd having their share 30% each. A short question arises for the determination is whether Boar

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