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2017 Supreme(Bom) 1917

SHANTANU KEMKAR, G.S.KULKARNI
Sugati Beach Resort Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.K. Dhakephalkar, Senior Advocate with Mr. S.R. Ganbavale with Mr. Mehul Shah.
For the Respondents: Mr. S.S. Deshmukh.

JUDGMENT :

G.S. Kulkarni, J.

1. Heard the learned Counsel for the parties. The petitioner has participated in a tender issued by the Union Territory Administration of Daman and Diu/respondents dated 7 May 1997. The tender was for lease of the government property/land for a period of twenty years namely “Tourist Resort (Flamingo Resort) Ghoghla, Diu.” The petitioner being a successful bidder, a lease agreement was entered between the President of India through respondent no.4 and the petitioner on 10 October 1997. There was an addendum to this agreement entered in 2009 acknowledging the petitioner being party to the original lease deed dated 10 October 1997.

2. The case of the petitioner is that in pursuance of the lease, it has undertaken additions and alterations in the leased premises as also had undertaken repairs of the dilapidated structures and had reconstructed them. It is contended that the petitioner had also approached the authorities seeking permission for construction of swimming pool in the existing pond in the leased premises. The petitioner has referred to approvals of the respondents for construction of rooms in the resort. The petitioner thus contends that having unde





























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