M/S. Omkar Enterprises v. The Regional Officer, Of Mah. Industrial Dev. Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2472 OF 2026 M/s. Omkar Enterprises ....Petitioner Digitally signed by VINA ARVIND KHADPE Date:

2026.02.27 10:40:53 +0530

Versus

VINA ARVIND KHADPE The Regional Officer & Anr.

....Respondents ---- Mr. Vineet Naik (Senior Advocate) a/w. Mr. Vishal Kanade i/b. Mr. J. M. Joshi, for the Petitioner.

Mr. Kunal Damle a/w Ms. Shraddha Dube Patil, for Respondent (MIDC) ---- CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE : 23rd FEBRUARY, 2026 P.C. :- 1.

This matter was heard for some time. A pass over was granted to enable the learned Advocate for the MIDC to take instructions.

2.

After the matter was mentioned, the learned Advocate for the Maharashtra Industrial Development Corporation (MIDC) submits, on instructions, that this Court has delivered an order dated 10.02.2025 in a group of Petitions viz. Writ Petition No. 14773 of 2023 (Saket Infraprojects Private Ltd. vs. The Regional Officer, MIDC) and connected matters. In light of the view taken by this

Court, the Petitioner shall be granted a fresh hearing on such date and time as may be fixed by this Court.

3.

In view of the above, this Petition is disposed off with the following directions :

a) By consent of the parties, the hearing shall be conducted by Respondent No. 1 on 05.03.2026 at 11:30 a.m. in his office. b) The Petitioner shall be at liberty to tender updated photographs as of 04.03.2026, along with written notes of submissions, to be placed before Respondent No. 1.

c) If required, Respondent No. 1 may call for a report pursuant to a site visit to the area where the hilly region is to be quarried and brought to ground level, in view of the Petitioner's contention that substantial quarrying activity is yet to be carried out to fulfill the terms of the contract. d) After the hearing is concluded, either on the said date or any adjourned date, Respondent No. 1 shall close the matter and deliver a reasoned order within fifteen working days. If the hilly region is yet to be leveled and the terms of the contract

permit the Petitioner to carry out further quarrying activities, Respondent No. 1 shall duly consider this aspect. e) The reasoned order to be passed by Respondent No. 1 would be served upon the Petitioner on his e-mail address and WhatsApp number, which are recorded as follows : WhatsApp No. : 9821477465 Email Id : omkarenterprises99@gmail.com f) In the event an adverse order is passed, Respondent No. 1 would follow the due procedure prescribed by law while implementing the said order, which shall remain subject to challenge, if raised by the Petitioner, before the competent statutory authority or Court.

g) Since the Maharashtra Industrial Development Corporation (MIDC) is following the aforesaid procedure, the impugned notice shall lose its efficacy.

(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)