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2010 Supreme(Bom) 310

F.I.REBELLO, J.H.BHATIA
Bank of Baroda – Appellant
Versus
Mumbai Metropolitan Regional Development Authority – Respondent


Advocates appeared:
Mr. F. D'VETRE, Sr. Counsel a/w Mr. J. P. SEN & Mr. P.DUBASH i/b. Mulla & Mulla & Craigie Blunt & Caroe, Advocates, for the Petitioners.
Ms. KIRAN BAGALIA, Advocate, for Respondent Nos.1 & 2.
Mr. R. J. MANE, AGP, for Respondent No.3.

JUDGMENT

J.H.BHATIA, J.:- The respondent NO.1 has been constituted as "Metropolitan Authority" or "Authority" under the Mumbai Metropolitan Region Development Authority Act, 1974. By a Memorandum dated 20.2.1985, the Government of Maharashtra - respondent No.3 sanctioned and granted 180.162 Hectares of Government land situated at Bandra-Kurla Complex to the respondent No.1 for development of that area as an "International Finance and Business District/Centre" and, accordingly, the land was transferred to respondent no.1 by an order dated 10.5.1985 passed by the Additional Collector. On 23.3.1994, respondent No.1 invited tenders for disposal of various plots of land in the International Finance and Business Centre known as "G" Block of the Bandra-Kurla Complex. On 9.5.1994. the petitioner No.1 Bank of Baroda submitted a tender for plot No.C-26. That tender was accepted on 20.6.1994 and, accordingly, the petitioner No.1 - paid amount of Rs.80.71 crore by cheque towards lease premium for the plot No.C-26.

Thereafter, on 15.7.1994, an agreement to lease was executed between the petitioner No.1 and respondent No.1 and accordingly the petitioners were allowed to enter upon and occupy the s




























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