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Supreme Court of India 2019-07-10 partly_allowed

Hande Wavare & Co vs Ramchandra Vitthal Dongre & Ors

Bench: 2 — R. Banumathi

In Brief

This judgment concerns the allotment of a large shop (gala) bearing No.F-158 in the Mumbai APMC market at Vashi. The Court held that respondent Habibullah Farhatullah, who never made a personal booking or payment before the cut-off date, cannot claim the gala merely because a 2002 administrative order allowed transfer of his father's booking to his name—such transfer violated the Daud Committee's norms which must be strictly followed. The firm M/s Ramchandra Vitthal Dongre, registered in 2014, cannot aggregate its partners' individual pre-cut-off bookings to claim eligibility. The Court affirmed that appellant M/s Hande Wavare & Co. and Ganpat Sabaji Shinde, marginally short of strict norms, along with two others, are eligible to bid via sealed tenders at market value (Rs.55,00,000/-), with allotment to the highest bidder, replacing the earlier lottery system.

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Agricultural Law Administrative Law Public Property Allotment Statutory Norms and Interpretation Discrimination and Article 14

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