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2009 (5) TMI 1009 - SC - Indian LawsPilot project - Validity of the Swiss Challenge Method adopted by the Maharashtra Housing and Area Development Authority ("MHADA") - Inviting public tender for development of the Government lands - proposal received from a private entrepreneur i.e. Ravi Development for development of undeveloped land - HELD THAT:- In the present project, constructed built up area with richer specifications is to be handed over by Ravi Development to MHADA free of costs in turn MHADA will be at liberty to price these tenements in accordance with policies of MHADA or as may be determined by MHADA. Therefore, utilization of maximum permissible FSI, adopting higher specifications and effecting utilization of scarce land for housing and yet make LIG, MIG housing group financially attractive to the people is possible through joint venture of public and private bodies in which reasonable built area be available by private developer free of cost to MHADA. The above claim and concept cannot be ignored lightly. We conclude that the impugned pilot project or initiation taken by the Government of Maharashtra along with MHADA to encourage public-private participation is in accordance with the need of the time as well as a laudable effort. But to make it an effective approach Swiss Challenge Method or any other encouraging concept should be duly publicized first. The effort of public-private participation can only be possible when private entities are aware of such scheme. Also in the scheme of availing a new system thorough rules and regulations are needed to be followed otherwise unfairness, arbitrariness or ambiguity may creep in. In order to avoid such ill-effects the State Government is suggested to consider the following aspects: 1. The State/Authority shall publish in advance the nature of Swiss Challenge Method and particulars; 2. Publish the nature of projects that can come under such method; 3. Mention/notify the authorities to be approached with respect to the project plans; 4. Mention/notify the various fields of the projects that can be considered under the method; 5. set rules regarding time limits on the approval of the project and respective bidding: 6. the rules are to be followed after a project has been approved by the respective authorities to be considered under the method. 7. All persons interested in such developmental activities should be given equal and sufficient opportunity to participate in such venture and there should be healthy inter se competition amongst such developers. These suggestions are not exhaustive and the State is free to incorporate any other clauses for transparency and proper execution of the scheme. The State Government is suggested to frame regulations/instructions on the above lines and take necessary steps thereafter in future. Thus, the common impugned judgment and order of the Bombay High Court in W.P. (L) are set aside. Consequently, the appeals are allowed.
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