Case Note & Summary
The case pertains to two public interest litigations filed under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, challenging the allotment of a large plot of land in Sector 30A, Vashi, Navi Mumbai by the City and Industrial Development Corporation of Maharashtra Limited (CIDCO) to M/s. K. Raheja Corporation Private Limited. CIDCO, a government company, was appointed as the New Town Development Authority for Navi Mumbai under the Maharashtra Regional and Town Planning Act, 1966. Sector 30A was initially designated for an International Infotech Park for IT industries. However, citing a slump in the IT sector, CIDCO's Board of Directors on 30 April 2003 resolved to convert part of the sector to residential/commercial use. Subsequently, M/s. K. Raheja submitted an application for allotment, and after negotiations, a resolution was passed on 17 September 2003 approving allotment of approximately 29,000 square meters at a rate of Rs.10,250 per sqm with FSI 1.5, with an additional charge for enhanced FSI of 3.0 subject to government approval. The Board also stipulated development of a garden on an adjacent plot. The lease agreement was executed on 16 December 2003, but the area was mentioned as 30,621.35 sqm. The first PIL (131 of 2003) was filed on 1 December 2003, even before the agreement, and the court initially granted a status quo order. After CIDCO filed an affidavit, the ad-interim relief was vacated, but the matter remained subject to final disposal. The second PIL (48 of 2004) was filed in February 2004 and was ordered to be heard together with the first. The court heard arguments on 20 and 21 November 2014, but the provided text of the judgment cuts off before the court's analysis and decision. Therefore, the final outcome is not known from the available text.
Issue of Consideration
Whether the allotment of land by CIDCO to M/s. K. Raheja Corporation Private Limited through Board Resolution dated 17 September 2003 and subsequent lease agreement dated 16 December 2003 was valid and in accordance with the Maharashtra Regional and Town Planning Act, 1966 and the New Bombay Disposal of Lands Regulations, 1975
Law Points
- Exercise of writ jurisdiction under Article 226 of the Constitution of India
- Validity of land allotment by New Town Development Authority under Maharashtra Regional and Town Planning Act
- 1966
- Compliance with New Bombay Disposal of Lands Regulations
- 1975
- Authority of CIDCO Board to convert land use and enhance FSI
- Requirement of government approval under Section 154 of MRTP Act
- Open tender requirement for disposal of land
- Locus standi in public interest litigation
Case Details
2014 LawText (BOM) (11) 30
PIL No.48 of 2004 with PIL No.131 of 2003
Mr. Harinder Toor, Mr. M.S. Karnik (Amicus Curiae), Mr. V.S. Gokhale (AGP), Mr. G.S. Hegde, Dr. Veerendra Tulzapurkar (Senior Advocate), Mr. Sandeep S. Thakur, Mr. J.G. Aradwad, Mr. A.A. Garge
Sanjaykumar Surve and Sunil Patil
State of Maharashtra, City & Industrial Development Corporation Limited (CIDCO), M/s. K. Raheja Corporation Private Limited, Navi Mumbai Municipal Corporation and others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Public Interest Litigation under Article 226 of the Constitution challenging the legality of CIDCO's allotment of a large land parcel in Navi Mumbai to a private developer.
Remedy Sought
Petitioners sought setting aside the Board resolution dated 17 September 2003 and the resultant lease agreement, and declaration that the allotment was illegal and void.
Filing Reason
The allotment was alleged to be in violation of the MRTP Act, 1966, and the New Bombay Disposal of Lands Regulations, 1975, as it was done without open tender, without prior government approval for enhanced FSI, and by converting land reserved for IT use to commercial/residential use.
Previous Decisions
Ad-interim status quo order granted in PIL No.131 of 2003 on 17 December 2003, later vacated after CIDCO's affidavit, subject to final outcome; rule issued on 23 April 2004; PIL No.48 of 2004 directed to be heard together.
Issues
Whether the CIDCO Board had the authority to convert the land use from IT to residential/commercial without prior government approval under the Maharashtra Regional and Town Planning Act, 1966?
Whether the allotment made to M/s. K. Raheja Corporation Private Limited without open tender was in contravention of the New Bombay Disposal of Lands Regulations, 1975?
Whether the condition of FSI enhancement to 3.0 was permissible in the absence of government sanction under Section 154 of the MRTP Act?
Whether the petitioners had the locus standi to maintain the Public Interest Litigation?
Judgment Excerpts
The challenge in these two Petitions under Article 226 of the Constitution of India is to the action of the City and Industrial Development Corporation of Maharashtra Limited ( for short “CIDCO') of allotting a large plot of land in the city of Navi Mumbai to the ... K. Raheja Corporation Private Limited.
RESOLVED THAT the Board do hereby approve the allotment of plots admeasuring an area of approx. 29,000 sqm ... to M/s.. K. Raheja Corp. with the changed layout as proposed for the R + C use with FSI 3.0 in anticipation of the approval from the Government...
An agreement of lease dated 16th December 2003 was executed by and between CIDCO and M/s. K. Raheja. A letter of possession of the same date was annexed to the said agreement of lease.
Procedural History
PIL No.131 of 2003 was filed on 1 December 2003. On 17 December 2003, notice for final disposal was issued and status quo order passed. After affidavit-in-reply filed by CIDCO, ad-interim relief was vacated on a subsequent date but subject to final outcome. Rule issued on 23 April 2004. PIL No.48 of 2004 was filed on 24 February 2004. Notice for final disposal issued on 17 December 2004. On 23 April 2004, it was ordered to be heard along with PIL No.131 of 2003. The Division Bench heard oral arguments on 20 and 21 November 2014.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Regional and Town Planning Act, 1966: Sections 113(1), 113(3A), 154, 159
- New Bombay Disposal of Lands Regulations, 1975:
