Asian Institute Of Medical Sciences (Aims) v. The State Of Maharashtra And 4 ORS

25.wpl.311.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 311 OF 2018 M/s. Asian Institute of Medical Sciences (AIMS) ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents Mr. J. J. Carlos a/w Mr R. S. Mirpury a/w Mr. Yashwant Dhanegave for Petitioner.

Mr. H. S. Venegavkar, AGP for Respondent No.1 - State. Mr. Pranav Thakur I/by Little & Co. for Respondent No.2.

CORAM

:

R. M. SAVANT AND NITIN W. SAMBRE, JJ.

DATE :

29th OCTOBER 2018.

P.C.

.

The Petitioner has been allotted plot of land vide Allotment letter dated 10th February 2017. The Petitioner is required to develop the said plot of land as a garden. It is the case of the Petitioner that inspite of number of requests made to the Respondent No.2 i.e. MIDC for executing the Lease Deed the same has not been done.

2.

The learned Counsel appearing on behalf of the Respondent John Doe No.2 - MIDC fairly states that an Agreement to Lease would have to be executed with the Petitioner as it is only on compliance with the condition by John Doe Date: 2018.11.01 11:50:14 +0530 Yadav VG 1/2

25.wpl.311.18.odt mentioned in the Agreement to Lease that the Petitioner would be entitled to a lease from the MIDC. The learned Counsel therefore states that the Petitioner if at all is entitled to is only a direction for the execution of the Agreement to Lease.

3.

In view of the fair statement made by the learned Counsel appearing on behalf of the Respondent No.2, we direct the Respondent No.2 - MIDC to execute an Agreement to Lease with the Petitioner within four weeks from date.

4.

We direct the Petitioner to remain present before the Officers of the MIDC on a date and time that will be specified. 5.

With the above directions the Writ Petition is disposed of. 6.

All parties to act on a copy of this order duly authenticated. (NITIN W. SAMBRE, J.) (R. M. SAVANT, J.) Yadav VG 2/2