Supreme Court restores writ petition challenging Maharashtra Industrial Development Corporation's decision The Supreme Court set aside the Bombay High Court's order and restored the writ petition challenging the Maharashtra Industrial Development Corporation's ...
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The Supreme Court set aside the Bombay High Court's order and restored the writ petition challenging the Maharashtra Industrial Development Corporation's decision to repudiate a contract for land allotment. The matter was directed back to the High Court for disposal on merit, with parties to appear on a specified date. The Corporation was prohibited from creating third-party interests until the hearing, and the High Court could issue interim orders as needed. The appeal was disposed of without expressing any opinion on the case's merits.
Issues involved: Challenge to order passed by Bombay High Court dismissing writ petition questioning legality of order passed by Maharashtra Industrial Development Corporation.
The appellant filed a writ petition challenging the legality of the order passed by the Maharashtra Industrial Development Corporation (Corporation) dated 30.3.2005, which refused to consider the request for allotment of land in Airoli, Navi, Knowledge/Apparel Park. The appellant contended that the High Court misunderstood the nature of the petition, as it was not for specific performance of contract but against the Corporation's decision to repudiate the contract without providing any reason. The appellant argued that the Corporation's decision lacked justification for not proceeding with the contract. On the other hand, the Corporation stated that it disregarded the payments made by M/s. Everest Realtors Private Ltd., and the resolution initially pertained to the present appellant. The appellant clarified that being a Director of the Pvt. Ltd. Co., the reasons given by the Corporation were irrelevant.
The Supreme Court found that the matter was within the jurisdiction of the High Court and set aside the High Court's order, restoring the writ petition for disposal on merit. The parties were directed to appear before the High Court on 9.2.2009, and the Chief Justice of the High Court was requested to list the petition before an appropriate bench. The Court clarified that no opinion on the merits of the case was expressed. Until 9.2.2009, the Corporation was prohibited from creating any third parties' interest. The High Court was granted the authority to issue interim orders as necessary during the pendency of the writ petition. Finally, the appeal was disposed of accordingly.
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