NEELKANTH INFRATECH vs THE CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA

Judgment text excerpt

Neeta Sawant WP-13145-2023.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13145 OF 2023 Neelkanth Infratech ….Petitioner : Versus : The City and Industrial Development Corporation of Maharashtra Ltd. ….Respondent Mr. Arshad Shaikh, Senior Advocate with Mr. Vinod Hirji Vaviya, Mr. Sanjay Udeshi, Mr. Aditya Udeshi and Mr. Rahul Sanghvi i/b Sanjay Udeshi & Co., for the Petitioner. Mr. Rahul Sinha (Through V.C.) with Mr. Harishit Tyagi i/b DSK Legal , for the Respondent-CIDCO. CORAM : ALOK ARADHE, CJ. & SANDEEP V. MARNE, J. DATED : 30 JULY 2025. JUDGMENT : (Per Sandeep V. Marne, J.) 1) Rule. Rule is made returnable forthwith. With the consent of learned counsel appearing for rival parties, petition is taken up for hearing and final disposal. 2) The Petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India challenging Page No.1 of 17 30 July 2025 Neeta Sawant WP-13145-2023.docx communication dated 24 December 2021, 23 March 2022 and 27 September 2023 refusing to allot the concerned plot in its favour. Petitioner has sought Writ of Mandamus against Respondent-CIDCO for allotment of the concerned plot on account of Petitioner being the highest bidder in the tender process. 3) Brief facts leading to filing of the petition are as under : Petitioner is a partnership firm engaged in the business of real estate in the City of Navi Mumbai. City and Industrial Development Corporation of Maharashtra Limited (CIDCO) owns lands interalia in the City of Navi Mumbai and allots the same on lease. 4) CIDCO is a new town Development Authority constituted under Section 113A of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). Under Section 118 of the MRTP Act, CIDCO has the power and authority