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2010 Supreme(Bom) 93

B.H.MARLAPALLE, R.Y.GANOO
Makhija Developers – Appellant
Versus
City and Industrial Development Corporation of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:Srihari Aney, Senior Advocate with Sachin Shetye i/b. Avinash Fatangare Advocates. For the Respondents:A.A.Kumbhakoni, Senior Advocate with A.M. Kulkarni i/b. G.S. Hegde for R1,– CIDCO. S.D.Rayrikar, AGP for R2, Pritesh Rajgar i/b. PDS & Associates for R3, Vijay Thorat, Senior Advocate with Vaibhav Mehta & Deepti Mistry i/b. Divyakant Mehta & Associates for R4., Advocates.

Judgment :-

B.H.MARLAPALLE,J.

1. This petition filed under Article 226 of the Constitution impugns the decision of the Respondent no.1 – Corporation, of allotment of land admeasuring 35.55 Hectares in A to E Pockets of Nerul, Navi Mumbai for the development of 18 Holes International Standard Golf Course and Country Club and further prays either to reconsider the proposal submitted by the petitioner or to invite fresh bids from the petitioner as well as the respondent nos.3 and 4 and award contract on the assessment of these fresh bids by quashing and setting aside the lease agreement dated 22/8/2009 signed between the respondent no.1 and respondent no.4.

2. The petitioner is a Private Limited Company and represented through its Director. Whereas the respondent no.1 is a fully owned undertaking of the Government of Maharashtra and has been incorporated under the Companies Act, 1956. It is also the New Town Development Authority for Navi Mumbai so designated by the State Government under the Maharashtra Regional and Town Planning Act, 1966. It is a Government Company within the meaning of Section 617 of the Companies Act, 1956 and by virtue of Section 291 of the said Act the power of
















































































































































































































































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