Natraj Oil Industries, Amravati Through Proprietor, Prakash Babulal Sahu v. Maharashtra Industrial Development Corporation Through Regional Officer, Amravati And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3427 OF 2020 (Natraj Oil Industries vs. Maharashtra Industrial Development Corporation and another) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: SUNIL B. SHUKRE & AVINASH G. GHAROTE, JJ.

DATE : 16.12.2020.

1.

Heard Mr.S.S.Dhengale, learned Counsel holding for Mr.Kshitij Jain, learned Counsel for the petitioner.

2.

The whole basis of challenge made to the show cause notice in this petition revolves around submission of sanctioned plan of construction of the platform/structure by the petitioner. The petitioner has not obtained any sanction from the Competent Authority, the Special Planning Authority of M.I.D.C., which appears to be Executive Engineer/Deputy Engineer/Assistant Architect. The notice no.1 dated 3.11.2020 makes this fact apparent. Non-obtaining of proper sanction by the petitioner is a fact not specifically denied by the petitioner in his reply given to the notice dated 3.11.2020. So, without there being in existence any sanctioned plan for construction of structure/platform, the petitioner cannot be heard to say that the show cause notice

1612wp3427.20 2/2 issued to him is illegal or without any authority of law. The petition, therefore, stands summarily dismissed. No costs.

JUDGE JUDGE *jaiswal