ABDUL HAMID PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two Writ Petitions filed as Public Interest Litigations challenge the action of the Maharashtra Film Stage and Cultural Development Corporation (MFSCDC), a wholly owned and controlled Corporation of the Government of Maharashtra, of entering into a contract with Mukta Arts Limited, whereby a huge tract of land admeasuring 20 acres which is equivalent to 8,71,200 sq.ft. situated at Goregaon in Greater Bombay is agreed to be given to and transfered in favour of a Joint Venture Company in which the Corporation is to hold only 15 per cent shares. Since this transfer of land has been done without inviting any advertisement or tenders and since while doing so the valuable land admeasuring 20 acres has been valued only at Rs. 3 Crores, the Petitioners have approached this Court for issuance of appropriate writs under Article 226 of the Constitution of India.

(2.) Before we proceed further, we must indicate that Writ Petition No. 1826 of 2003 is also filed in Public interest and PIL No. 219 of 2009 seeks to challenge 2 different actions of the State. Since the challenge to the Joint Venture Agreement/M.O.U. dated 24/10/2000 executed between the first Respondent the Maharashtra Film Stage Cultural Development Corporation Ltd. (hereinafter referred to as the MFSCDC Ltd.) is common in both these Petitions and since the controversy involved is same, by this Judgment we are disposing of Writ Petition No. 1826 of 2003 and prayer clauses (a) to (d) and (j) of PIL No. 219 of 2009. The other reliefs in the PIL No. 219 of 2009 relating to allotment of 2 Lakh Sq. Mtrs of land of MIDC to Respondent No. 6 are not being decided or disposed of by this Judgment and the same will be separately decided. Thus by this Judgment Writ Petition No. 1826 of 2003 is being finally disposed of, whereas only prayer clauses (a) to (d) and (j) in PIL No. 219 of 2009 are being disposed of.

(3.) In Writ Petition No. 1826 of 2003 following substantive reliefs are prayed for :