Bench held that land allotment cannot proceed as the proposing company (Videocon) abandoned the project. Petitions treated as not surviving and disposed of without prejudice to future fresh applications.
Petitions disposed of as not surviving; Company free to make fresh application to CIDCO.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.119 OF 2008
Shri Vishnu Balaji Gawali ..Petitioner Versus The State of Maharashtra ..Respondent
WITH
WRIT PETITION NO.2704 OF 2009
Shri Sanjay Kumar Surve ..Petitioner Versus State of Maharashtra & Ors. ..Respondent
WITH
PUBLIC INTEREST LITIGATION NO.8 OF 2009 WITH
CIVIL APPLICATION NO.31 OF 2013
Jayesh Ajgaonkar
..Petitioner
Versus
State of Maharashtra & Ors. ..Respondents
WITH
PUBLIC INTEREST LITIGATION NO.125 OF 2008
Mr. Vikram Bokey ..Petitioner Versus State of Maharashtra & Ors. ..Respondents
Mr. J. Shekhar i/b. M/s. J. Shekhar & Co. for the Petitioner in PIL No.125/2008.
None for the petitioner in other Petitions. Mr. S.N. Patil, AGP, for Respondent No.1.
Mr. K.R. Bhalchandani i/b. M/s. Kamal & Co. for Respondent No.2 in PIL No.119/2008 and Respondent No.4 in WP No.2704/2009, PIL No.125/2009 and for Respondent No.3 in PIL No.8/2009.
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Mr. G.S. Hegde i/b. M/s G.S. Hegde & Co. for Respondent No.3 in PIL No.119/2008 and PIL No.125/2009 and for Respondent No.2 in PIL No.8/2009.
CORAM : A.S. OKA, AND A. S. CHANDURKAR, JJ.
DATE : 09th JUNE, 2014
P.C.
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allotment of the land cannot be made. It appears that the special purpose vehicle which was to be a limited company has not been incorporated as yet.
(A. S. CHANDURKAR, J.) (A. S. OKA, J.)
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1 issue framed by the court
Whether land allotment petitions should be entertained when the proposing company is no longer interested in the project.
Shri Vishnu Balaji Gawali
The State of Maharashtra
M/s Videocon Industries Limited
A.S. Oka
A.S. Chandurkar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
