CJI moves Cidco hotel plot case to another bench
On Monday a Supreme Court bench, headed by the Chief Justice of India (CJI) P Sathasivam, requested a two-judge bench, headed by Justice Gyan Sudha Misra, not to hear a matter listed before it for a day following lawyers representing the City and Industrial Development Corporation (Cidco) complained of forum-hunting and sought de-tagging of its case.
The electronic board in court number 10 scroll flashed that “item 11″ will not be heard and by evening, before a different bench of Justice AK Patnaik and Justice F M I Kalifulla the SC registry placed the matter on Tuesday’s board in court number five at serial number 23. The search for an adjudicating body of one’s choice, in this case a bench, refers to Forum-hunting.
The case involves an appeal against a Bombay HC order which set aside a 2011 decision by Cidco to cancel its allotment of 12 acres of land in 2008 in Seawoods, Navi Mumbai, to Metropolis Hotels, a part of the group company led by Pune developer Avinash Bhosale.
The allotment to Metropolis Hotels was upheld by the HC, which won the bid and later part of the plot was sold to Shishir Realty for Rs 260 crore with a transfer fee of Rs 1.38 crore to Cidco. The land meant for a hotel was changed for commercial and residential use.
Cidco against the HC judgment filed a special leave petition (SLP), however it was yet to be numbered and the SC registry was to clear administrative queries in its paper book.
Cidco’s counsel Dushyant Dave and Ajit Bhasme on Monday informed the SC that there seems to be a procedure at forum-hunting with the CJI becoming an “unwitting party” though he acted in good faith. Harish Salve senior counsel supported his submission. The CJI said it would look into the matter.
Last week, the Cidco lawyer was informed by a lawyer for Shishir Realty that its SLP would be heard by a bench headed by Justice Misra on March 24, along with a plea filed by H K Sudhakara—not a party in the Cidco case in HC—seeking permission to file an SLP in the matter. In January, Sudhakara’s plea, mentioned by senior counsel V K Bali, before Justice Misra’s bench was clubbed with a civil contempt case originating from an unrelated UP case ruling. Bali later withdrew the contempt.
A day prior to the Holi holiday, Mukul Rohtagi senior counsel of Shishir Realty, sought the CJI bench and got the Cidco SLP tagged with Sudhakara’s plea without notice before Justice Misra’s bench.
Source: Times of India
Ajit Bhasme, AK Patnaik, Avinash Bhosale, Bombay HC, Chief Justice of India, CIDCO, City and Industrial Development Corporation, Commercial, Dushyant Dave, Electronic board, Forum-hunting, Gyan Sudha Misra, H K Sudhakara, Harish Salve, Justice F M I Kalifulla, Metropolis Hotels, Mukul Rohtagi, Navi Mumbai, P Sathasivam, Pune, Residential use, Seawoods, Shishir Realty, Special Leave Petition, Supreme Court, V K Bali
