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2012 Supreme(Bom) 299

MOHIT S.SHAH, GIRISH GODBOLE
Abdul Hamid Patel – Appellant
Versus
The State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Mahesh Jethmalani, Sr. Advocate a/w. Naronha Nano Jose, Advocate.
For the Respondent:R1 to R3, Ravi Kadam, Advocate General a/w. V.D. Patil, G.P., R4, A.A. Kumbhakoni, Advocate a/w N.R. Bubna, R5, Ms. Geeta Joglekar, Advocate, R9 & R10, P.K. Dhakephalkar, Sr. Advocate a/w. Simil Purohit and Ms. Azmi Irani & Manish Doshi i/b. M/s. Vimadalal & Co., R5, P.P. Chavan & C.M. Lokesh i/b. Lex Forum, Advocate, R6 & R7, Venkatesh Dhond, Sr. Advocate with Mr. Shahzad Kazi i/b Negandhi Shah & Himayatullah, R9, Harihar Bhave a/w. Ashok Verma, Advocates.

Judgment:

Girish Godbole, J.

1. These two Writ Petitions filed as Public Interest Litigations challenge the action of the Maharashtra Film Stage and Cultural Development Corporation (MFSCDC), a wholly owned and controlled Corporation of the Government of Maharashtra, of entering into a contract with Mukta Arts Limited, whereby a huge tract of land admeasuring 20 acres which is equivalent to 8,71,200 sq.ft. situated at Goregaon in Greater Bombay is agreed to be given to and transferred in favour of a Joint Venture Company in which the Corporation is to hold only 15 per cent shares. Since this transfer of land has been done without inviting any advertisement or tenders and since while doing so the valuable land admeasuring 20 acres has been valued only at Rs. 3 Crores, the Petitioners have approached this Court for issuance of appropriate writs under Article 226 of the Constitution of India.

2. Before we proceed further, we must indicate that Writ Petition No. 1826 of 2003 is also filed in Public interest and PIL No. 219 of 2009 seeks to challenge 2 different actions of the State. Since the challenge to the Joint Venture Agreement/M.O.U. dated 24/10/2000 executed between the first Res

































































































































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