Shirishkumar Jaywantrao Bhamre And Another v. The State Of Maharashtra Through The Principal Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 58 OF 2024 Tulshiram Narayanrao Dhond & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

WITH CIVIL APPLICATION NO. 8436 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 58 OF 2024 WITH CIVIL APPLICATION NO. 1794 OF 2025 IN PUBLIC INTEREST LITIGATION NO. 58 OF 2024 WITH CIVIL APPLICATION NO. 9654 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 58 OF 2024 ***  Mr. Yenge Balaji Bapurao, for Petitioner.

 Mr. S. V. Dankh h/f Mr. V. P. Golewar, for Applicant in CA/8436/2024.  Mr. V. M. Kagne, AGP for Respondent - State.  Mr. Parth Salunke, for Respondent No.6  Mr. S. S. Dande, for Respondent No.8.

*** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 25th SEPTEMBER 2025.

P. C. :

1.

In Civil Application No.8436 of 2024, concerning the need for allotment of appropriate plot for construction of suitable building for Industrial and Labour Courts at Chhatrapati Sambhajinagar, an order dated 10th January 2025 recorded that the MIDC would allot

14470 sq. mtr., in amenity plot No.9 at MIDC Chikhalthana. The order was passed on the impression that the existing purpose for which the said plot was to be used can be shifted to another location and the aforesaid area would be available for construction of the said complex for the Industrial and Labour Courts in District Chhatrapati Sambhajinagar.

2.

The subsequent order dated 13th February 2025 records that the Executive Engineer of the Public Works Department along with the Architect would take further steps for drawing maps for construction of the building / complex. These orders give an impression that the MIDC was in all likelihood making available the aforesaid area of amenity plot no.9 at MIDC Chikalthana. 3.

But, today when the aforesaid application filed in the PIL is taken up for consideration, the learned counsel for the applicant informs that now the MIDC has taken a u-turn and it is stated that the said area from amenity plot No.9 cannot be made available for the reasons stated in communication dated 02nd May 2025. It is disappointing that while initially the MIDC gave an impression that availability of the said land would come through for taking further expeditious steps to ensure an appropriate building / complex for the

Industrial and Labour Courts at Chhatrapati Sambhajinagar, now the matter has come back to square one.

4.

In this backdrop, the MIDC through its responsible officer is directed to file an affidavit to place on record the communication dated 02nd May 2025. In the affidavit the MIDC shall also place on record availability of other suitable plots for the aforesaid purpose in the vicinity at MIDC Chikhalthana or in Aurangabad MIDC industrial area. While placing details of such plots to be identified in the said area, the MIDC shall take care that such plots being offered are otherwise clear and available for construction of such building / complex for the Industrial and Labour Courts at Chhatrapati Sambhajinagar.

5.

At the same time we are of the opinion that the Collector, Chhatrapati Sambhajinagar should also file an affidavit about appropriate plots / areas of land available with the State for construction of such complex / building. It is after the details of such available plots / areas of land are brought before this Court that further directions can be issued in the matter, so as to expedite the process of ensuring an appropriate complex / building for the aforesaid Courts at Chhatrapati Sambhajinagar for the convenience of

the litigants.

6.

The affidavits on behalf of the MIDC and the Collector, Chhatrapati Sambhajinagar shall be filed within three weeks from today. No further time shall be granted.

7.

It is made clear that this Court has not accepted the stand taken by the MIDC in its communication dated 02nd May 2025, and that the proposed affidavit to be filed by the MIDC shall be taken into consideration. It is also made clear that the direction to identify other alternative plots issued to the MIDC as well as the Collector Chhatrapati Sambhajinagar, is not to be construed as this Court approving the stand of the MIDC in its communication dated 02nd May 2025.

8.

List for further consideration on 04th November 2025, "High on Board."

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Signed by: Shrikant Malani Designation: PA to Hon'ble Judge Date: 26/09/2025 14:47:27