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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

The Maharashtra Housing and Area Development Authority Board issued advertisements for sale of flats in the Powai Project. When three cooperative societies and the appellant society made competing offers to purchase the remaining flats, the Board accepted the three societies' offers without considering the appellant's offer, which had been validly received and forwarded by the Board's authorized agent. The Court held that the Board violated Article 14 by arbitrarily excluding the appellant's offer from consideration. Since all four applicants were similarly situated, the Board was duty-bound to evaluate all offers on equal terms. The decision was quashed as unreasonable and discriminatory, and the matter was remitted for fresh consideration in accordance with law.

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Administrative Law Constitutional Law - Article 14 Equality and Non-Discrimination Housing and Real Estate Public Property Disposal Procedural Fairness

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