TMI Blog2017 (11) TMI 1714X X X X Extracts X X X X X X X X Extracts X X X X ..... erits no consideration as it was also revealed in the counter affidavit of the State of Maharashtra dated 11.07.2005 in Writ Petition No. 2112 of 2005. The cancellation order was addressed to MHADA and copy marked to the Respondent. There shall be a presumption in law that a government communication was properly made and reached the addressee, under Section 114 (e) of the Indian Evidence Act. It is not the case of the Respondent that the order never came to be issued and remained in the file. The Respondent despite awareness never challenged the cancellation and which sets at naught its entire claim. Any offer made to the Respondent in teeth of, and after the cancellation was therefore redundant. Appeal lacks merit and is dismissed. - C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e bid of the Respondent for ₹ 22,23,22,300/-. The order dated 17.12.2004 was subsequently wrongly cancelled on 07.05.2005, and which was also assailed by the Appellant in Writ Petition No. 867 of 2010. 4. The Respondent had earlier preferred Writ Petition No. 3466 of 2004 and obtained an order on 23.12.2004 for submission of a higher bid. The Appellant was not a party to the same. The High Court was not apprised that the Appellant s bid already stood provisionally accepted. Upon being apprised of the correct facts, the order dated 23.12.2004 was recalled which automatically results in revival of the order of acceptance of the appellant s provisional bid. The High Court wrongly declined to interfere with the order dated 07.05.2005 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by ₹ 10,00,000/- above that of the Appellant and payment was made on 02.05.2005. The challenge by the Appellant to the cancellation dated 07.05.2005 was highly belated. The Appellant had no locus in the matter after the cancellation order. The cancellation order having been declined interference, the question of any private negotiation does not arise. A like claim in equity was also raised for an opportunity to pay the market price and match the price that may be offered by the Appellant. 7. Learned Counsel for the State of Maharashtra submitted that the order dated 05.07.1999 on which the Respondent s claim is founded has itself been annulled on 22.02.2000, and which has not been assailed. Sri M.L. Verma, learned Senior Counsel ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one Mr. Mohan Rawle, Member of Parliament. The Respondent had not submitted any bid in response to the advertisement. The order of the High Court dated 23.12.2004 was passed in absence of the Court being apprised of the provisional acceptance of the Appellant s bid. The plea that the Respondent was never made aware of the order of cancellation dated 22.02.2000 merits no consideration as it was also revealed in the counter affidavit of the State of Maharashtra dated 11.07.2005 in Writ Petition No. 2112 of 2005. The cancellation order was addressed to MHADA and copy marked to the Respondent. There shall be a presumption in law that a government communication was properly made and reached the addressee, under Section 114 (e) of the Indian Evid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also an important consideration. The Notification dated 03.07.2017 issued under DCR Regulation 33(5) inter alia altering the FSI is at the final stage awaiting publication. The bid price today for that reason will also escalate considerably. The State Government and MHADA have denied any fresh negotiated settlement with the Appellant. The interim order of this Court dated 04.09.2014 was not a carte blanche for a mandatory settlement with the Appellant. The High Court has noticed that the value of the property today would be approximately 75 crores. In the land starved city of Mumbai, the settlement of any government land, for a housing project, has to be by public auction only, so as to fetch the best price in the larger public interest. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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