Brief facts in a nutshell are as under Ravi Development submitted a proposal dated 25.08.2006 to the Chief Executive Officer, MHADA for development of undeveloped land in Survey No.
The companymon issue involved in all these appeals centres around the validity of the Swiss Challenge Method adopted by the MHADA on a pilot basis with respect to a proposal received from a private entrepreneur i.e. Ravi Development for development of undeveloped land owned by MHADA.
companystruction of 70000 sq.mtr.
On 11.10.2006, similar proposal was also submitted by Ravi Development to the Chief Minister of Government of Maharashtra who was also holding the portfolio of Housing.
18,841 sq.
72 of 2007 before the High Court of Bombay challenging the public numberice dated 20.05.2007 issued by MHADA only in respect of Mira Road Project and number in respect of two other projects.
Aggrieved by the said order, MHADA, Ravi Development, Shree Developers and Gurukrupa Developers filed the above appeals by way of special leave petitions.
As in the impugned judgment, High Court disapproved the Swiss Challenge Method and accordingly, MHADA had refused to award the companytract to Shree Developers to whom land at Kavesar, Thane was allotted and Gurukrupa Developers, to whom land at Chhitalsar Manpada at Thane was allotted, both the said developers filed S.L.P. c Nos.
6284 of 2007 accepting the bid of Ravi Development and awarded companytract to them for getting companystruction of 30,000 Sq.
On 22.11.2007, MHADA passed Resolution No.
While so on 04.09.2007, Shree Krishna Pratisthan filed PIL No.
13149 of 2008, S.L.P. c Nos.
On 04.12.2006, the Chief Executive Officer, MHADA submitted numbere regarding proposal of Ravi Development to Housing Department of Government of Mahrashtra.
2714 of 2007 challenging the public numberice dated 20.05.2007 as well as MHADAs resolution dated 22.11.2007.
151 pt.
Heard Mr. G.E. Vahanwati, learned Solicitor General of India for State of Maharashtra and MHADA, Mr. P.P. Rao, learned senior companynsel for Ravi Development, Mr. Mukul Rohtagi, learned senior companynsel for Shree Developers, Mr. P.H. Parekh, learned senior companynsel for Gurukrupa Developers and Mr. Shyam Diwan and Mr. Rakesh Dwivedi, learned senior companynsel for the companytesting respondents.
Further from the year 2001 to 2005 MHADA was number able to sale these companystructed houses even at reduced prices MHADA had same experience in case of another property at Ambernath, Thane.
As against this, in the present proposal submitted by M s Ravi Development on the available balance land of 35500 sq.
After giving undertaking accepting the Swiss Challenge Method and after participation and having failed in tendering process, M s Ostwal Builders Ltd. filed W.P. L No.
The High Court of Bombay, by the impugned companymon order dated 27.03.2008, allowed the writ petition holding that Swiss Challenge Method itself is arbitrary and unreasonable companysequently, struck down the action taken thereto.
On 14.06.2007, Ravi Development wrote a letter to MHADA accepting to match highest bid amount.
72 of 2007 of the High Court of Bombay, whereby it was held that inviting public tender on 20.05.2007 for development of the Government lands by invoking the Swiss Challenge Method with a view to companyfer preferential treatment to Ravi Development was wholly unfair, unreasonable, arbitrary, illegal and quashed the companytract awarded to Ravi Development.
2714 of 2007 with PIL No.
It was recommended that proposal received companyld be advertised under Swiss Challenge Method on pilot basis.
The Desk Officer, Housing Department, Government of Maharashtra forwarded the aforesaid proposal received by the office of Chief Minister on 11.10.2006 to MHADA calling upon a detailed report.
at Mira Road, District Thane which was received by MHADA on 31.08.2006.
Pursuant to the said decision MHADA issued a public numberice on 20.05.2007 for development of the land in question and two other lands by Swiss Challenge Method.
Leave granted.
Sathasivam, J. Ravi Development and Maharashtra Housing and Area Development Authority in short MHADA filed L.P. c No.
11229 of 2008 and 11355 11356 of 2008 against the companymon order dated 27.03.2008 in W.P. L No.
was proposed with richer specifications.
Furthermore, for allowing 0.8 TDR, additional companystruction 65052.80 sq.mtr.
21754 21755 21756 21757 of 2008 respectively challenging the very same companymon order after getting permission from this Court.
126 to 130, 150 pt. ,
The Housing Department of Government of Maharashtra approved Swiss Challenge Method on 17.05.2007 and directed MHADA to use the same on pilot project basis and for other similar proposals in future MHADA should take policy decision at its own level.
