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Supreme Court of India · 2007-03-08

SUNIL PANNALAL BANTHIA vs C&I DEV.COPRPN.OF MAHARASHTRA LTD.

Citation / case number
SC 2006/21101
Court
Supreme Court of India
Petitioner
SUNIL PANNALAL BANTHIA
Respondent
C&I DEV.COPRPN.OF MAHARASHTRA LTD.
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR DR.AR. LAKSHMANAN

Judgment text excerpt

The Supreme Court held that the cancellation of the lease agreement by CIDCO was invalid as it contravened Section 23 of the Indian Contract Act, which prohibits agreements that are opposed to public policy. The Court emphasized that the appellants had a legitimate expectation based on the lease agreement and the subsequent actions of CIDCO, including the issuance of development permissions. The Court set aside the Bombay High Court's dismissal of the writ petition, allowing the appellants to retain possession of the plot and continue their construction.

SUNIL PANNALAL BANTHIA vs C&I DEV.COPRPN.OF MAHARASHTRA LTD. · Niyam