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DEVENDRA KUMAR UPADHYAYA, AMIT BORKAR
Trishul Construction Co. – Appellant
Versus
City Industrial and Development Corporation of Maharashtra Ltd. – Respondent
JUDGMENT :
Devendra Kumar Upadhyaya, C.J.
1. Heard Mr. Navroj Seervai, learned Senior Advocate appearing for the petitioner, Mr. Janak Dwarkadas, learned Senior Advocate representing respondent No.1 – CIDCO and Mr. P. P. Kakade, learned State Counsel. We have also perused the records available before us on this petition.
(A) Challenge:
2. Initially, the instant writ petition was filed seeking a direction to respondent No.1 for issuing necessary demand letter with respect to second installment of lease premium in respect of the plots in question, viz. Plot No.23 situated at Sector 7, Plot No.7, situated at Sector 8 and Plot No.6 situated at Sector 8, Ghansoli, Navi Mumbai along with late payment charges (LPC) in accordance with the directives issued by the Department of Urban Development, Government of Maharashtra, in its letter dated 1st August 2018 addressed to respondent No.1.
3. During pendency of the writ petition, respondent No.2 took a decision cancelling the allotment of the subject plots made in favour of the petitioner and further forfeiting the earnest money deposit and 25% of the paid lease premium, which was communicated to the petitioner by means of the impugned letter/orde
The State Government's communication was deemed a binding directive under Section 154 of the MRTP Act, mandating compliance by CIDCO.
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
The court emphasized the necessity of transparency and adherence to established procedures in public land allotments to uphold constitutional rights.
The court affirmed that statutory bodies must fulfill their obligations and that government directions must be lawful and reasonable, subject to judicial review.
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