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Supreme Court of India 2018-10-12 allowed

Powai Panchsheel Co vs Maharashtra Housing Area Development Authority (MHADA) & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A statutory housing authority (MHADA) received offers from four parties to purchase 500 flats in its Powai Project. The Board approved three societies' offers but excluded a fourth society's offer without consideration, claiming it was merely an inquiry. The Supreme Court held that all four parties were similarly situated and entitled to equal treatment. The Board had a legal duty to examine the fourth party's written offer (transmitted through its authorized agent) before deciding which offer to accept. Excluding the offer without valid reason violated Article 14 equality principles. The Board's decision was quashed as arbitrary and unreasonable.

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Constitutional Law Article 14 Administrative Law Housing and Property Equal Treatment State Action Doctrine of Legitimate Expectation

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