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2014 (4) TMI 1279 - SC - Indian LawsSeeking a direction to the MPRTC to immediately hand over possession of the land - Seeking to grant permission to demolish the existing structure - breach of contract by MPRTC entered into with the Appellant - privity of contract - HELD THAT:- The scope of judicial review is very limited in contractual matters even where one of the contracting parties is the State or an instrumentality of the State. The parameters within which power of judicial review can be exercised, has been authoritatively laid down by this Court in a number of cases. At no stage, the Appellant had any privity of contract with IDA. MPRTC entered into a BOT contract with the Appellant contrary to the terms and conditions of the lease which provided specifically that the land shall be used for constructing a bus stand-cum commercial complex. MPRTC had no legal right to create any further right in favour of the Appellant with regard to the receiving of the premium on the constructed units sold to third party(ies). Even otherwise, the Appellant seems to be flogging a dead horse. Admittedly, the possession of the proposed site was delivered to MPRTC on 22nd January, 1982 - The renewal clause in the lease subsequently provides that the renewal shall be with the consent of IDA. This consent by the IDA is not a mere formality. Appeal dismissed.
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