CITY & INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LTD. Vs. LAMBDA THERAPEUTIC RESEARCH LTD.
LAWS(SC)-2019-11-12
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on November 06,2019

City And Industrial Development Corporation Of Maharashtra Ltd Appellant
VERSUS
LAMBDA THERAPEUTIC RESEARCH LTD And ORS Respondents

JUDGEMENT

A.S. Bopanna, J. - (1.) Leave granted.
(2.) The appellant- City and Industrial Development Corporation of Maharashtra Ltd., ('CIDCO' for short) is before this Court in this appeal assailing the order dated 29.08.2018 passed by the High Court of Judicature at Bombay in W.P.No.12674 of 2017. The said order was passed in the writ petition instituted by the respondents No.1 and 2 herein claiming to be aggrieved by the letter dated 20.04.2016, (signed on 01.07.2016) issued by the appellant herein to the respondent No.3 herein requiring them to pay the sum of Rs.14,05,60,587/- (Rupees Fourteen Crores, Five Lakhs, Sixty Thousand, Five Hundred and Eighty Seven) towards additional lease premium up to 30.03.2007 so as to process the request of respondent No.3 for grant of 'No dues Certificate' in their favour which in turn was required to secure Occupation Certificate in respect of the building, from respondent No.4. The High Court having considered the matter has quashed the demand made through the impugned letter dated 20.04.2016/01.07.2016 and has directed the appellant herein to issue 'No dues Certificate'. The High Court has further directed the respondent No.4 herein to process the application for Occupation Certificate. The appellant is therefore, aggrieved by the order impugned herein.
(3.) The brief facts leading to the present situation is that the appellant herein allotted plot bearing No.7, Sector 15, CIDCO, Belapur, Navi Mumbai, measuring 3176.25 sq.mtrs to M/s Mehak Developers Pvt. Ltd., the respondent No.3 herein in terms of the New Bombay Disposal of Land Regulations, 1975. The said allotment was governed by the terms and conditions contained in the Agreement of Lease dated 04.08.1995. The construction was required to be completed by the respondent No.3 as per the time frame agreed including the extended time period. Not putting up the construction within the time frame agreed was to attract payment of additional lease premium retrospectively from 06.08.2001 as per the agreed terms. The fact that the respondent No.3 completed construction of 'A' Wing of the building known as Arneja Chambers II within the initially extended period i.e. 31.12.2005 is not in dispute.;


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