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Bombay High Court

M/S. S. R. CHAUDHARI CONSTRUCTIONS THRU PROPRIETORversusCIDCO (CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LTD)THRU M.D. AND ORS

Decided
Disposal
Disposed Off

Holding

The Court disposed of the writ petition, directing CIDCO to decide the petitioner's representation within four weeks and refraining from further adjudication of the writ.

Summary

M/s. S. R. Chaudhari Constructions filed a writ petition fearing that CIDCO might allot plots under its 12.5% scheme while a representation filed on 11‑05‑2026 was still pending. An interim Letter of Intent dated 15‑04‑2026 had been issued by CIDCO in favour of another respondent. The petitioner also has a Special Civil Suit No.195 of 2026 pending in the Panvel Civil Court. The High Court examined whether it should entertain the writ petition or merely direct CIDCO to decide the representation expeditiously. It held that, given the admitted facts, the writ petition could be disposed of by issuing appropriate directions. Accordingly, the Court ordered CIDCO to pass an order on the representation within four weeks and left the petitioner free to seek urgent relief in the pending civil suit.

Issues considered

  • Whether the High Court should entertain the writ petition seeking to restrain CIDCO from allotting plots under the 12.5% scheme while a representation is pending.
  • Whether the Court can dispose of the writ petition by directing CIDCO to decide the representation expeditiously.

Subjects

  • writ petition
  • representation
  • CIDCO
  • allotment of plots
  • interim relief
  • special civil suit
  • expeditious decision

Judgment

                                                                                                12_WP11204_26.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                  WRIT PETITION NO.11204 OF 2026

                               M/s. S. R. Chaudhari Constructions thru Proprietor …         Petitioner
                               Vs.
                               CIDCO (City and Industrial Development
                               Corporation of Maharashtra Limited) through Managing
                               Director and others                                …         Respondents

                               Mr. V. S. Kapse i/b. Mr. Kaustubh K. Kandpile and Mr. Dinesh Jagptap for
                               Petitioner.
                               None for Respondents.

                                                           CORAM : MANISH PITALE &
                                                                   SHREERAM V. SHIRSAT, JJ.
                                                           DATE      : SEPTEMBER 08, 2026

                               P.C. :
                               .        Heard Mr. Kapse, learned counsel for the petitioners.

                               2.       The petitioner has rushed to the Writ Court on an apprehension
                               that during pendency of its representation submitted before the City and
                               Industrial Development Corporation of Maharashtra Limited (CIDCO),
                               through its Managing Director - Respondent No.1, allotment of plots
                               may be made under the 12.5% scheme of CIDCO. This apprehension is
                               in the backdrop of an interim Letter of Intent (LoI) dated 15.04.2026
                               issued by CIDCO in favour of respondent No.14. The representation is
                               still pending.

MINAL
SANDIP
PARAB
         Digitally signed by
         MINAL SANDIP
         PARAB
         Date: 2026.09.08
         17:44:34 +0530
                               3.       We also find from the record that the petitioner has already filed
                               Special Civil Suit No.195 of 2026 before the Court of Civil Judge,
                               Senior Division, Panvel, wherein CIDCO as well as the developer -
                               respondent No.14 are defendants, apart from other parties being added
                               as defendants.



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                                                               12_WP11204_26.doc



4.      We are of the opinion that in the face of the said admitted facts,
instead of entertaining this writ petition, it can be disposed of, at this
stage itself, by issuing appropriate directions.

5.      The writ petition is disposed of by directing respondent No.1 to
pass appropriate order on representation dated 11.05.2026 filed by the
petitioner. The representation shall be decided expeditiously and
preferably within a period of four weeks from today.

6.      Needless to say, the petitioner is also at liberty to seek any urgent
orders, if so advised, from the aforesaid Court where Special Civil Suit
No.195 of 2026 is pending. This Court has not expressed any opinion in
the matter. The rights and contentions of all parties are kept open.

7.      Pending applications, if any, stand disposed of.



(SHREERAM V. SHIRSAT, J.)                          (MANISH PITALE, J.)




Minal Parab




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