M/S Orbit Electromec Pvt Ltd Through Its Director Anil Rajdayal Rai v. The State Of Maharashtra And Others

wp11968.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 11968 OF 2016 M/s Orbig Electromel Pvt.Ltd.

.. PETITIONER

VERSUS

State of Maharashtra & others .. RESPONDENTS Mr. A.P. Bhandari, advocate for petitioner.

Mr. A.S. Shinde, AGP for the State.

Mr. S.S. Dande, advocate for respondents 2 and 3. ===== CORAM : R.M. BORDE & Z.A. HAQ, JJ.

DATE : 9th DECEMBER, 2016.

PER COURT :

Petitioner is objecting to the notice dated 16.11.2016 issued by respondent MIDC in respect of cancellation of allotment and for taking over the industrial plot allotted to the petitioner. 2.

It is alleged that petitioner has not taken steps within stipulated period for making development for the industrial purpose and as such, the action under the policy adopted by the Corporation is contemplated. Petitioner contends that he has already tendered application seeking extension of time and, without considering request of petitioner, the impugned notice has been issued. Petitioner has also expressed his willingness to pay the amount in the event of consideration of his request for extension of time favourably, in accordance with the policy prescribed by the MIDC.

wp11968.16.doc 3.

It would be open for the MIDC to consider the application tendered by petitioner for extension of time in accordance with the policy framed by the Corporation and on consideration of the merits of proposal tendered by petitioner. Respondent shall take decision on the application tendered by petitioner as expeditiously as possible, preferably within a period of three months from today and, it is accordingly directed. In the meanwhile, no coercive action be taken against petitioner.

4.

With the directions as above, writ petition stands disposed of. ( Z. A. HAQ ) ( R. M. BORDE ) JUDGE JUDGE dyb