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2018 Supreme(Bom) 1418

S.V.GANGAPURWALA, S.M.GAVHANE
Shraddha Commercial Premises Coop. Society, Aurangabad – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Mr. Rameshwar F. Totala, Advocate.
For the Respondents:Mr. A.V. Deshmukh, A.G.P., Mr. P.M. Shah, Senior Advocate i/b. Mr. S.S. Dande, Advocate, Mr. R.R. Mantri h/f Mr. Rahul R. Sancheti, Advocate.

ORDER :

S.V. GANGAPURWALA, J.

1. The petitioner assails the orders dated 23.05.2006, 05.10.2007 and 21.10.2013 thereby refusing to allot the commercial plot to the petitioner in the Shendra Five Star Industrial area. The petitioner also seeks directions against the respondents to allot the petitioner land admeasuring 26,000 Square Meters as per letter dated 28.12.2005.

2. Mr. Totala, learned Advocate for the petitioner during the course of his erudite arguments canvassed following submissions-

(I) On 28.12.2005 respondent–Maharashtra Industrial Development Corporation (hereinafter refereed to 'MIDC') gave an offer of land to the petitioner admeasuring 26,000 Square Meters at the rate of Rs. 190 per Square Meter and requested to submit Blue application with Demand Draft of Rs.24,70,000/towards the earnest money within fifteen days from the date of receipt of the letter.

(II) The petitioner on 10.01.2006 within fifteen days accepted the offer unconditionally. The acceptance on the part of the petitioner gave rise to a concluded contract between the parties. It was not open for the respondent to resile from the contract after a period of four months and thirteen days.

(III) Under letter dat













































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