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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN, JJ
Siddhilaxmi Enclave Pvt. Ltd – Appellant
Versus
State Of Maharashtra Through Its Principal Secretary & Ors – Respondent
PC.
1. The above Application has been filed for the speaking to the minutes of the order dated December 20, 2024. The correction sought is in the appearance column. In the judgment/order in Writ Petition No.10246 of 2024, the following appearance is shown for the Petitioner:-
“Ms. Siddhi Sawant, i/b Nikhil Waje, for Petitioner in WP/10246/2024.” Instead, it should be reflected as under:
“Karl Tamboly i/b Nikhil Waje for Petitioner in WP/10246/2024”.
2. The same is accordingly ordered.
3. No other correction is sought. The correction shall be carried out in the original order as well as in the copy uploaded on the server.
4. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
JUDGMENT :
(Per, Somasekhar Sundaresan, J.)
5. Rule. Rule is made returnable forthwith. Respondents in each of the aforesaid Writ Petitions, waive service. With the consent of the parties, both the Writ Petitions are taken up jointly for final hearing and disposal.
6. These Petitions essentially seek a writ of mandamus to issue a direction to the Maharashtra Industrial Development Cor
The court affirmed that statutory bodies must fulfill their obligations and that government directions must be lawful and reasonable, subject to judicial review.
The decision to allot a specific plot for installation of an oxygen manufacturing plant depended on the Land Committee as per the MIDC regulations, and the MIDC's disregard of its own regulations and....
The State Government's communication was deemed a binding directive under Section 154 of the MRTP Act, mandating compliance by CIDCO.
The government must act in a fair and just manner in the distribution of wealth, and any arbitrary distribution would violate the law of the land.
Non-compliance with contractual obligations and lack of activities on the allotted plots justified the termination of the Agreements by MIDC.
The court affirmed the constitutional validity of the MIDC's priority allotment policy, emphasizing that online applications and fair process must apply uniformly, without arbitrary distinctions amon....
The court established that acceptance of delayed payments by the State constituted a deemed extension of time for contract performance, reinforcing the obligation to execute lease deeds.
The court established that the State can allot Gairan land for public purposes under the PMAY, overriding restrictions in the MLRC due to the authority granted by the MRTP Act.
The court established that higher authorities cannot exercise statutory powers of lower authorities, and actions against interim orders are illegal.
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