WIPRO LIMITED Vs. MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD.

JUDGEMENT

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

(2.) Petitioner has filed the present petition in this Court challenging the communication dtd. 27/5/2015 issued by Maharashtra Airport Development Company Limited cancelling the Letter of Acceptance (LOA) dtd. 5/4/2007 and forfeiting the advance amount of Rs.10.29 crores.

(3.) Petitioner-Wipro Limited (Wipro) is a global technology services provider and consulting company. With a view to remove the regional disparity in the State of Maharashtra, the State Government decided to develop a composite project named Multi Modal International Passenger and Cargo Hub Airport at Nagpur (MIHAN). The aim of the project was to develop the existing domestic airport at Nagpur into an international passenger and cargo hub airport along with a Special Economic Zone (SEZ) adjoining the boundary of the airport. Accordingly, the State Government constituted Maharashtra Airport Development Company Limited (MADC) for the purpose of planning, constructing, operating, developing and maintaining aviation infrastructure in the State of Maharashtra. Respondent No. 1 is declared as a Special Planning Authority for the notified area under the provisions of Maharashtra Regional and Town Planning Act, 1966. MIHAN is the flagship project of Respondent No. 1, which is undertaken under the provisions of SEZ Act, 2005 and SEZ Rules, 2006. For implementing MIHAN project, Respondent No. 1 decided to acquire large tract of land near Nagpur Airport and after developing the same, allotment of such developed land was planned for setting up inter alia industries.