M/S. RENUKA MATERNITY CHILD CARE AND FERTILITY CLINIC Vs. MANAGING DIRECTOR, CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, petition is taken up for hearing and final disposal.

(2.) The Petitioner has filed the present petition challenging cancellation letter dtd. 4/10/2024 by which the plot allotted in its name has been cancelled by RespondentCIDCO.

(3.) Briefly stated, facts of the case are that Petitioner is a Partnership Firm incorporated under the provisions of Indian Partnership Act, 1932. City and Industrial Development Corporation of Maharashtra Ltd. (CIDCO) is a Company incorporated on 17/3/1970 and is a Government Company under Sec. 617 of the Companies Act, 1956. CIDCO is also a New Town Development Authority in Navi Mumbai area in terms of Sec. 113(3A) of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act). Under Sec. 118 of the MRTP Act, CIDCO has the power and authority to dispose of the land acquired under Sec. 113A of the MRTP Act. CIDCO has formulated, with the approval of the State Government, New Bombay Disposal of Land Regulations, 1975 and further Navi Mumbai Disposal of Land (Amendment) Regulations, 2008. By Board Resolution No.9696 dtd. 26/9/2007, CIDCO had approved the policy for allotment of health care facilities plots in various nodes in Navi Mumbai. By Board Resolution No.11375 dtd. 23/6/2015, once again policy for allotment of health care facility plots was approved by the CIDCO's Board. Under the Board Resolutions dtd. 26/9/2007 and 23/6/2015, only three entities were allowed to bid for allotment of plots in respect of private super specialty hospitals, private dispensaries and nursing homes. The three categories included industrial group/company, trust and registered doctors. On 31/7/2021, CIDCO adopted Board Resolution No.12458 for revision of the eligibility norms for allotment of plots in respect of the health facilities. Under the said Resolution, CIDCO proposed to expand the eligibility criteria for Private Super Specialty Hospitals from the earlier existing three categories to include five additional categories, which included Partnership Firms. CIDCO forwarded the Board Resolution for approval to the State Government on 18/8/2021.