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2016 Supreme(Bom) 1734

S.V.GANGAPURWALA, K.K.SONAWANE
Shushrusha Heart Care Centre and Specialty Center – Appellant
Versus
State of Maharashtra, Through the Secretary, Urban Development Department, Mantralaya, Mumbai – Respondent


Advocate Appeared:
For the Petitioner:Mr. P.M. Shah, learned senior counsel instructed by Mr. S.G. Chapalgaonkar and Mr. Girish Rane, Advocates
For the Respondent:Mr. N.B. Patil, AGP, Mr. A.S. Bajaj, Advocate

JUDEMENT :

K.K. SONAWANE, J.

Heard. Rule. Rule made returnable forthwith. Matter is taken up for final hearing at the stage of admission with the consent of both sides.

2. The petitioner preferred the present petition taking recourse to Article 226 of the Constitution of India and assailed the communication dated 9.6.2014, for cancellation of the petitioner's allotment of plot NO. C-5, kept reserved for hospital purpose located in N-11 CIDCO, Aurangabad. It has been alleged that the petitioner did not fulfill the eligibility criteria by producing requisite documents i.e. Registration Certificate under the Bombay Public Trust Act, which resulted into cancellation of allotment of plot assigned in favour of petitioner.

The genesis of the petition, culled out in brief, is as below :-

3. Respondent No.2 - City and Industrial Development Corporation -CIDCO, floated an advertisement inviting applications to lease out various facility plots on certain terms and conditions. The contentious plot NO. C-5, admeasuring 1063.71 sq. meters was kept reserved for hospital purpose. The sale price was determined at Rs. 5380/- per square meter and the earnest money deposit (EMD) of Rs. 1,60,590/- was fixed







































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