DR.DHANANJAYA Y.CHANDRACHUD, J. - (1.) A. Background The appeals arise from a judgment dated 1 April 2019 of a Division Bench of the High Court for the State of Telangana. Three appeals will form the subject matter of these proceedings. The three appeals which arise have been instituted by (i) UNITECH Limited ("Unitech"); (ii) Telangana State Industrial Infrastructure Corporation ("TSIIC"); and (iii) State of Telangana.
(2.) In September 2007, the Andhra Pradesh Industrial Infrastructure Corporation Ltd. ("APIIC") invited bids to "develop, design and construct" an integrated township project / multi services aerospace park in the area of about 350 acres of land in Nadergul Village, Saroornagar Mandal, Ranga Reddy District. In pursuance of its press release, APIIC floated a bid document.
(3.) On 28 November 2007, the bid submitted by Unitech was accepted upon payment of an earnest money deposit of 20 crores. It was contractually required to pay an amount of Rs 140 crores as project land cost and Rs 5 crores towards project development expenses. A litigation in regard to the land was pending. While issuing a Letter of Award ("LoA"), APIIC made the allotment of the land subject to the outcome of the pending litigation. The LoA stipulated that: "17. The allotment of said land is subject to the outcome of the Appeal Suit No. 274/2007 in (OS No. 155/05), WP Nos. 19670/07, 20667/07 and 22043/07 pending before the Hon'ble High Court of Andhra Pradesh." ;