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2023 Supreme(Bom) 1737

G. S. PATEL, NEELA GOKHALE
Jayantibhai Babubhai Patel – Appellant
Versus
Mumbai Housing And Area Development Board – Respondent


Advocates appeared:
Sayli Apte, Advocate, Shrey Shah, Advocate, Sagar Patil, Advocate

JUDGMENT/ORDER

GS PATEL, J. - Regrettably, this Petition has been pending since 2015. Pleadings are complete. We proceed to take it up for final disposal. Rule, returnable forthwith.

2. The challenge in the Petition is to a Tender Notice No. 1 of 2015-16 issued by Maharashtra Housing and Area Development Authority ("MHADA") inviting bids for a plot of land then called a "social facility plot" and now more accurately termed an "amenity plot" on RSC-20/Gorai-1, Borivali (West). There is also a challenge to a corrigendum or a first extension. Then there is a prayer for a mandamus to direct MHADA to accept the balance 75% of the Petitioner's bid as consideration for the plot of land and for delivery of possession.

3. The facts go back two decades. In 2001, MHADA issued an information brochure and an application form inviting offers for taking on lease 12 plots of land. It seems that MHADA had developed residential complexes at various locations in Mumbai. It invited tenders for the allotment of plots for different purposes. The advertisement was issued under the signature of the 4th Respondent, MHADA's Deputy Chief Engineer. The allotment was to be done by a lease under the Maharashtra Ho

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