Nashik District Transport Association v. The Chief Executive Officer, Maharashtra Industrial Development And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4293 OF 2021 ...

Nashik District Transport Association

...Petitioner

Vs.

The Chief Executive Officer, Maharashtra Industrial Development Corporation & Ors.

...Respondents

...

Adv. Sandeep D. Shinde a/w. Adv.Akshay H. Bankapur, Adv.Ravi V.Asabe and Ms.Mayuri Karekar i/b. Ergo Juris for the Petitioner. Mr. Kunal Damle a/w Adv. Sangeeth Narayanan i/by Jay & Co. for Respondent Nos.1 to 3.

Mr. A. A. Alaspurkar, AGP for the Respondent-State. ...

CORAM : A.A. SAYED & ABHAY AHUJA, JJ.

DATED : 25 MARCH 2022 P.C.:

The Writ Petition has been filed by the Petitioner seeking the following reliefs:

"(a)This Hon'ble Court by issuing appropriate Writ, be pleased to quash and set aside the Resolution dated 11-06-2021 bearing No.MIDC/CP/C-60919/2021 Sr.No.20 passed by the Respondent No.3;

(b) That this Hon'ble Court by issuing appropriate Writ, be pleased to direct Respondents to construct truck terminal on plot bearing No.AM43 admeasuring 22800 sq.mtrs. which is reserved as amenity space (truck terminals) as per the sanctioned development plan for MIDC, Ambad, Nashik;"

Uday.P.Kambli 1/2

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We find that the Petitioner has not come to the Court with clean hands, as the Petitioner has not disclosed that by letter dated 13 December 2018, the Petitioner (then known as Nashik Transport Organization) itself had sought allotment of the subject plot i.e. plot bearing No.AM-43 admeasuring 22800 sq.mtrs. A copy of the said letter has been tendered by the learned Counsel for the Respondent-MIDC.

3.

The Writ Petition to stand disposed of. However, in the facts and circumstances of the case, we grant liberty to the Petitioner to make a representation to the Respondent No.1-CEO, MIDC. If such representation is made within 3 weeks from today, the same shall be decided expeditiously.

(ABHAY AHUJA,J.) (A.A.SAYED, J.) Uday.P.Kambli 2/2