IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4849 OF 2025 M/s. Renuka Maternity Child Care and Fertility Clinic, through its Authorised Representative, Surekha Vilas Nagargoje …..Petitioner : Versus :

1. Managing Director, City and Industrial Development Corporation of Maharashtra Limited

2. General Manager (Social Services)

3. Urban Development Department

4 The State of Maharashtra, through its Secretary, Urban Development Department ….Respondents Ms. Ritika Agarwal with Ms. Yaminee Verma i/b. M/s. Acelegal, for the Petitioner.

Mr. G. S. Hegde, Senior Advocate with Mr. Rahul Sinha, Mr. Soham Bhalerao and Mr. Harshit Tyagi i/b. M/s. DSK Legal, for Respondent Nos.1 and 2-CIDCO.

Mr. Kedar B. Dighe, Additional Government Pleader with Ms. G.R.

Raghuwanshi, AGP for Respondent Nos.3 and 4-State.

CORAM : ALOK ARADHE, CJ. &

SANDEEP V. MARNE, J.

Judgment Reserved on : 18 August 2025.

Judgment Pronounced on : 22 August 2025.

JUDGMENT : (Per Sandeep V. Marne, J.)

1) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, petition is taken up for hearing and final disposal.

2) The Petitioner has filed the present petition challenging cancellation letter dated 4 October 2024 by which the plot allotted in its name has been cancelled by Respondent-

CIDCO.

3) Briefly stated, facts of the case are that Petitioner is a Partnership Firm incorporated under the provisions of Indian Partnership Act, 1932. City and Industrial Development Corporation of Maharashtra Ltd. (CIDCO) is a Company incorporated on 17 March 1970 and is a Government Company under Section 617 of the Companies Act, 1956. CIDCO is also a New Town Development Authority in Navi Mumbai area in terms of Section 113(3A) of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act). Under Section 118 of the MRTP Act, CIDCO has the power and authority to dispose of the land acquired under Section 113A of the MRTP Act. CIDCO has formulated, with the approval of the State Government, New Bombay Disposal of Land Regulations, 1975 and further Navi Mumbai Disposal of Land (Amendment) Regulations, 2008. By Board Resolution No.9696 dated 26 September 2007, CIDCO had approved the policy for allotment of health care facilities plots in various nodes in Navi Mumbai. By Board Resolution No.11375 dated 23 June 2015, once again policy for allotment of health care facility plots was approved by the CIDCO’s Board. Under the Board Resolutions dated 26 September 2007 and 23 June 2015, only three entities were allowed to bid for allotment of plots in respect of private super specialty hospitals, private dispensaries and nursing homes. The three categories included industrial group/company, trust and registered doctors. On 31 July 2021, CIDCO adopted Board Resolution No.12458 for revision of the eligibility norms for allotment of plots in respect of the health facilities. Under the said Resolution, CIDCO proposed to expand the eligibility criteria for Private Super Specialty Hospitals from the earlier existing three categories to include five additional categories, which included Partnership Firms. CIDCO forwarded the Board Resolution for approval to the State Government on 18 August 2021.

4) In anticipation of grant of approval to the Board Resolution by the State Government, CIDCO floated tender on 2 April 2022 for lease of 16 Hospital Plots in various nodes of Navi Mumbai. Under the tender, partnership firms were made eligible to participate in the biding process. On 22 June 2022, Petitioner in its capacity as partnership firm, submitted its bid in respect of Plot No.25, Sector-12, Dronagiri, Navi Mumbai. Upon opening of the bids, Petitioner emerged as the highest bidder in respect of the subject plot. Since CIDCO was yet to receive approval to its Board Resolution from the State Government, it did not proceed with allotment of plot in favour of the Petitioner. However, in respect of the five bidders who fulfilled the ear