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2009 Supreme(Bom) 1109

V.C.DAGA, MRIDULA BHATKAR
Popcorn Entertainment Corporation, through is proprietor Shri Nilesh Gala – Appellant
Versus
City Industrial Development Corporation, Through its Managing Director – Respondent


Advocates appeared:
For the Appellants:Vikas Singh, senior counsel with Ms. Amrita Narayan, Navdeep Vora, Rajmani Verma, Madhukar Kalzunkar and Suhas Patil i/b. Navdeep Vora & Associates, Advocates. For the Respondents:R1, G.S. Hegde with C.M. Lokesh i/b. G.S. Hegde & Associates, Advocates, R2, P.I. Khemani, A.G.P.

Judgment :-

V.C. Daga, J.

The first and second petitioners - M/s. Popcorn Entertainment in W.P.No.9467/2008 (“M/s. Popcorn” for short) and M/s. Platinum Entertainment in W.P.No.9468/2008 (“M/s. Platinum” for short) were allotted plot of lands by respondent No.1 - The City and Industrial Development Corporation (“CIDCO for short) for erecting entertainment complex in Navi Mumbai. Whereas third petitioner - M/s. Platinum Square Trust in W.P.No. 3423/2006 (“Platinum Square” for short) was allotted plot of land for establishment of country club. The said allotments were cancelled by CIDCO. The petitioners have challenged the said orders of cancellation through these petitions filed under Article 226 of the Constitution of India.

2. The facts giving rise to these petitions are almost similar. The questions of law raised are identical. Rival submissions made are common to all petitions. Common written submissions are circulated by the parties. However, the petitions filed by M/s.Popcorn and M/s.Platinum Entertainment are the subject matter of remand order passed by the Hon’ble Supreme Court, whereas third petition, filed by M/s.Platinum Square is coming up for consideration before this C


































































































































































































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