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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S. GADKARI, SHYAM C. CHANDAK, JJ
PVP Star Hotels Private Limited – Appellant
Versus
State of Maharashtra, Through the Secretary, Urban Development Department – Respondent
JUDGMENT :
SHYAM C. CHANDAK J.
1) Present Petition filed under Article 226 and 227 of the Constitution of India, seeking the following substantive reliefs :-
(i) The Respondent Nos.2 and/or 3 are bound and liable to grant extension of time limit for the period from 14.12.2012 to the period of 3 years from the date of Order, when such extension shall be granted to the Petitioner No.1 to complete the development/construction of the suit plot without levying additional lease premium and without insisting on execution/providing of Bank Guarantee of any amount;
(ii) The impugned Show Cause Notice dated 30.09.2016, Termination Notice dated 24.04.2017, Order dated 31.07.2017 i.e., condition to pay the additional lease premium, the Demand Notice/Order 02.01.2018 and the Termination Notice/Order dated 02.04.2018 issued by Respondent Nos.2 and/or 3, be quashed and set aside.
(iii) To command the Respondent Nos.2 and/or 3 to forthwith restore the possession of the suit plot with the Petitioners which the Respondent Nos.2 and/or 3 have taken back in their possession on dated 17.04.2018.
1.1) The aforesaid I.A. No.4369 of 2023 is seeking to amend the Petition to modify/change the registered address
The court emphasized that administrative discretion must be exercised fairly, considering both parties' interests, especially when external factors impede contractual obligations.
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