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Supreme Court of India 2019-11-06 partly_allowed

CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED vs LAMBDA THERAPEUTIC RESEARCH LIMITED

Bench: 3 — R. Banumathi, A.S. Bopanna, Hrishikesh Roy

In Brief

CIDCO demanded Rs.14.06 crore as additional lease premium from Lambda Therapeutic Research (via Mehak Developers) for not completing construction within the extended deadline of 31.12.2008. The High Court quashed the demand and directed issuance of 'No dues Certificate'. The Supreme Court held that while the High Court could not make final factual determinations on construction completion in judicial review, the demand was issued without following natural justice principles. The Court partly allowed the appeal, quashing the absolute direction to issue the certificate, but remitted the matter to CIDCO for fresh consideration after respondents deposit Rs.3.50 crore as provisional premium, enabling the property's Occupation Certificate to be processed pending final determination.",

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Real Property Administrative Law Natural Justice Judicial Review Land Regulations Lease Premium Specific Performance Occupation Certificate Procedure

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