Girish Ganpatrao Shirwadkar vs. Cidco Ltd

ITEM NO.6

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).6533/2024

COURT NO.4

(Arising out of impugned final judgment and order dated 21-02-2024 in PIL No.141/2010 passed by the High Court of Judicature at Bombay)

GIRISH GANPATRAO SHIRWADKAR & ORS.

Petitioner(s)

SECTION IX

VERSUS

CIDCO LTD & ORS.

Respondent $(s)$

(IA No.67048/2024-EXEMPTION FROM FILING $C/C$ OF THE IMPUGNED JUDGMENT and IA No.67049/2024-EXEMPTION FROM FILING O.T. and IA No.67047/2024-PERMISSION $T_0$ FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date: 10-04-2024 This petition was called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE K.V. VISWANATHAN

For Petitioner(s) Mr. Nishant Ramakantrao Katneshwarkar, AOR

For Respondent(s) Ms. Beena Madhavan, Adv. For M/S. Lawyer S Knit & Co, AOR

UPON hearing the counsel the Court made the following O R D E R

$1.$ We have heard Mr. Nishant Ramakantrao Katneshwarkar, learned counsel for the petitioners at a considerable length and carefully perused the material placed on record.

There can indeed be no doubt that the respondent-CIDCO $2.$ is obligated to follow the mandate contained in City Industrial Development Corporation through its Managing Director vs. Platinum Entertainment and Ors., (2015) 1 SCC 558. However, keeping in view 🏫 peculiar facts and circumstances of the case and as a one time 18.21:60<br>Reese C-ption, CIDCO appears to have allotted small shops to the private respondents so that the litigation comes to an end and rest of the area can be developed. It appears to us that such a decision

would not defeat larger public interest, and as such, warrants no interference by this Court except to observe that the alternate mode of allotment, namely, by inviting the applications, cannot be resorted unless the test laid down by this Court in Platinum Entertainment (supra) and other similar decisions are fully satisfied.

3. The Special Leave Petition is, accordingly, dismissed. 4. As a result, the pending interlocutory applications also stand disposed of.

(SATISH KUMAR YADAV) (PREETHI T.C.) ADDITIONAL REGISTRAR COURT MASTER (NSH)