NAVIN SINHA,J. - (1.) Leave granted in both Special Leave Petitions.
(2.) The present batch of appeals, between the same parties, arise from a controversy relating to auction settlement by the Mumbai Housing and Area Development Board (hereinafter referred to as "the MHADA"), of a plot of land measuring 10,000 sq. mtrs, located at Powai, in the town of Mumbai. The auction notice published on 17.11.2004, remains inconclusive, mired in litigation. The subsequent developments being relevant are also required to be noticed. The contesting parties, M/s.Popcorn Properties Private Limited and M/s. Jaykrishna Industries Ltd., shall hereinafter be referred to as the Appellant and Respondent for convenience.
(3.) Sri Shekhar Naphade, learned Senior Counsel for the Appellant submitted that it being the highest bidder at Rs. 22,22,22,300/-, provisional acceptance of the bid was communicated to it on 17.12.2004. As required, 25% of the tender amount was deposited on 03.01.2005, awaiting communication for deposit of the balance 75% amount. On 03.05.2005, the Appellant objected to MHADA illegally negotiating settlement of the subject lands with the Respondent. Writ Petition No. 2112 of 2005 was instituted assailing the action of the official Respondents in provisionally accepting the bid of the Respondent for Rs. 22,23,22,300/-. The order dated 17.12.2004 was subsequently wrongly cancelled on 07.05.2005, and which was also assailed by the Appellant in Writ Petition No. 867 of 2010.;