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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S. GADKARI, KAMAL KHATA
Abhishek Mahesh Garodia – Appellant
Versus
Maharashtra Housing Area & Development Authority – Respondent
JUDGMENT :
Kamal Khata, J.
1) By this Petition under Article 226 of the Constitution of India, the Petitioners seek cancellation of the Order contended in the letter dated 1st July, 1999 whereby Maharashtra Housing and Area Development Authority (“MHADA’)-Respondent No.1 cancelled the allotment of the plot in favour of the Petitioner-Trust. Additionally, it also seeks cancellation of Order dated 26th April, 1999 whereby the said plot was allotted to Respondent No.3.
BRIEF FACTS:
2) The Petitioners are present trustees of a public trust namely G.S. Garodia Charitable Trust (‘Trust’). The Trust’s object is to impart education and run educational institutions in addition to other charitable acts for the purpose of benefits to public at large.
2.1) The Trust was allotted plot No.51 reserved for school admeasuring 6100 sq. mtrs. at Juhu Vile Parle Development Scheme under the provisions of Regulation No.16 of The Maharashtra Housing and Area Development (Disposal of Land) Regulations, 1982, pursuant to their Application dated 28th April, 1992 to the then Hon’ble Minister for Housing, Maharashtra. The Trust submitted various documents from time to time as being called upon to furnish by MHADA
The cancellation of land allotment by MHADA was justified due to the Trust's failure to comply with payment obligations and suppression of material facts.
The court established that government bodies must adhere to principles of fairness and non-arbitrariness in commercial dealings, and that contractual obligations cannot exempt them from constitutiona....
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
The Housing Board's cancellation of plot allotment was invalid due to lack of notice and failure to follow due process, violating principles of natural justice.
The principle of unjust enrichment and the doctrine of legitimate expectations were central to the court's decision, emphasizing the obligation of the Development Authority to act fairly and reasonab....
The Divisional Commissioner had the power to examine and cancel the transfer of land, and the petitioner-Society had no legal right to claim allotment of land based on the Trust's decision.
The court emphasized the necessity of transparency and adherence to established procedures in public land allotments to uphold constitutional rights.
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