VidhiSangh

Supreme Court of India · 12/10/2018

POWAI PANCHSHEEL CO-OP HSG. SOCIETY & ANR. versus MAHARASHTRA HOUSING AREA DEVELOPMENT AUTHORITY (MHADA) & ORS.

[2018] 13 S.C.R. 999 · 2018 INSC 962

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Summary

The Supreme Court quashed MHADA’s decision to dispose of Powai flats to three societies while excluding the appellant society’s offer. The offer had reached the Board through its authorised selling agent before the relevant meetings and required equal consideration. The Board could not justify exclusion through a reason first advanced in court. The appeal and writ petition were allowed, leaving the Board free to proceed according to law; no direct allotment to the appellant was ordered.

Issues

  1. Whether excluding the appellant’s offer from consideration violated fairness in disposal of public property.
  2. Whether the Board’s explanation first advanced in litigation justified its decision.

Held

Result

Appeal and writ petition allowed; Resolution No.192 dated 10/14 May 2003 quashed insofar as it concerned disposal of the Powai flats to the three societies. Board at liberty to proceed according to law.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 999.