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2009 (5) TMI 860 - SC - Indian LawsWhether selection of the Respondent No. 11 as Developer was correct or not? Held that:- The appellants have failed to bring on record any material to substantiate the allegation that there is a conspiracy to grab the land belonging to the Government of Pondicherry for the purpose of Real- estate of Respondent No. 11 by permitting it to construct five-star hotel, commercial mall, etc. The reply affidavit filed by the Respondent before the High Court, on the contrary, shows that the feasibility report prepared by it indicated that the Port was to be developed in composite manner and therefore project should be commercially viable and therefore considering the enormous cost involved in the development of the Port, certain activities are sought to be undertaken for the benefit of passengers, crew of ships, staff etc. On the facts and in the circumstances of the case, this court is of the opinion that the appellants have failed to make out the case that the Pondicherry Government has permitted the Respondent No. 11 to carry on Real-estate business and therefore the appeals should be accepted. Thus this Court does not find any merit in any of the appeals and both the appeals are liable to be dismissed.
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