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2011 Supreme(Bom) 1494

S.A.BOBDE, V.K.TAHILRAMANI
Shree Ambica Developers – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:J.P. Cama, Sr. Advocate, Rohan Cama with Sanjay Udeshi i/b. M/s. Sanjay Udeshi & Co, Advocates.
For the Respondents:R1, Mrs. M.P. Thakur, Assistant Government Pleader, V.A. Thorat, Sr. Advocate with G.S. Hegde, R2 & R3, Ms. P.M. Bhansali i/b. G.S. Hegde & Associates, Advocates.

JUDGMENT

S.A.BOBDE, J.

1. The petitioners have approached this Court against the order dated 17.3.2011 passed by the Vice Chairman and Managing Director, CIDCO revoking the permission granted to the petitioners for change of user of Plot No. 1 in Sector 1, Kharghar from commercial to commercial cum residential and directing restoration of the user of the plot for commercial purposes. The only question that arises is whether the respondents CIDCO is entitled to cancel the permission granted earlier for change of user of Plot no. 1 at Kharghar from commercial to commercial cum residential use after the CIDCO having granted such permission and the petitioners having acted on it.

2. Respondents – CIDCO allotted plot no.1 to the petitioners for commercial use in pursuance of a tender in which the petitioners were the highest bidders. The petitioners were allotted plot after their bid of Rs. 40,00,00,000/- (Rupees Forty Crores) was accepted. The petitioners having obtained the allotment duly applied for and was granted a change of user of the plot from commercial use to commercial cum residential use by the respondents – CIDCO on payment of necessary charges. The petitioners acted upon




















































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