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2023 Supreme(Bom) 706

G. S. KULKARNI, R. N. LADDHA
Shelton Infrastructure Pvt. Ltd. – Appellant
Versus
State Of Maharashtra, through the Urban Development Dept. -I – Respondent


Advocates Appeared:
For the Petitioner: Mr. Virag Tulzapurkar, a/w. Ms. Bindi Dave, Mr. Ieshan Sinha, Mr. Aayesh Gandhi.
For the Respondents: Dr. Birendra D. Saraf with Mr. P.P. Kakade with Ms. M.P. Thakur, Mr. Tejesh Dande.

JUDGMENT :

(G.S. Kulkarni, J.)

1. Rule. Rule made returnable forthwith. Respondents waive service. By consent of the parties, heard finally.

2. This batch of petitions raise common issues of law and facts, hence can be conveniently disposed of by this common judgment.

3. The conspectus of facts, which are not in dispute are required to be stated:

The City and Industrial Development Corporation (for short “CIDCO”) is impleaded as a respondent in all these petitions. CIDCO issued public tenders sometime in February, 2021 inviting bids for allotment of residential-cum-commercial plots of land at Navi Mumbai. Such plots offered for allotment, were plots belonging to and/or vested with the CIDCO. The petitioners participated in the different public tenders as invited by CIDCO. The petitioners were successful allottees qua the plots as alloted to them by the CIDCO and subject matter of the present proceedings. In participating in such tenders, each of the petitioners have deposited with CIDCO substantial amounts, as earnest money deposit, later to be adjusted in the total consideration to be paid by them, namely, the lease premium to be paid to the CIDCO. The first instalment of the lease

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