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TMI Blog2017 (11) TMI 1714X X X X Extracts X X X X X X X X Extracts X X X X ..... . mtrs, located at Powai, in the town of Mumbai. The auction notice published on 17.11.2004, remains inconclusive, mired in litigation. The subsequent developments being relevant are also required to be noticed. The contesting parties, M/s.Popcorn Properties Private Limited and M/s. Jaykrishna Industries Ltd., shall hereinafter be referred to as the Appellant and Respondent for convenience. 3. Sri Shekhar Naphade, learned Senior Counsel for the Appellant submitted that it being the highest bidder at Rs. 22,22,22,300/-, provisional acceptance of the bid was communicated to it on 17.12.2004. As required, 25% of the tender amount was deposited on 03.01.2005, awaiting communication for deposit of the balance 75% amount. On 03.05.2005, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant has had to suffer for no fault of it, despite being the highest bidder. An alternative submission was made that if fresh tenders were to be invited, the right of the first refusal must be given to it for matching the highest offer that may be made. The second alternative submission was that 25 percent of the plot be settled with it. The present case, on its peculiar facts, was a fit case where the normal rule of settlement by tender could be deviated from and settlement could be made by private negotiation. 6. Mr. Sanjay Hegde, learned Senior Counsel for the Respondent submitted that even prior to the advertisement dated 17.11.2004, the Respondent had a pre-existing right to settlement as it was already in negotiation with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations for Greater Bombay, 1991 (hereinafter referred to as "the Regulations") with regard to increase in FSI has not yet been finalized and published. It was specifically denied that any decision had been taken to make settlement in favour of the Appellant. 8. We have considered the submissions on behalf of the parties, perused the records, including the impugned orders and the communications exchanged between the parties. 9. The claim of the Respondent for settlement of a government property by way of a private largesse, without open advertisement, is completely unfounded in the law. Its letter dated 30.06.1999 requesting for a sympathetic consideration for settlement with it, as otherwise the property was likely to be occupied b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court order dated 23.12.2004 in favour of the Respondent. MHADA in its affidavit dated 24.06.2005, in Writ Petition No. 2112 of 2005 preferred by the Appellant, had disclosed the cancellation of the provisional acceptance by order dated 07.05.2005. There shall likewise be a presumption with regard to the issuance and delivery of the same to the Appellant and it is not its case that no such order was ever made or issued. The belated challenge to the cancellation in Writ Petition No. 867 of 2010 was therefore rightly rejected by the High Court on account of the intervening developments with regard to the change in permissible usage of the land from commercial to residential. 11. The change in permissible land usage by Resolution No.668 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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