Bombay High Court
M/S Kirti Solvex L Ltd vs The Mah Industrial Devpt Corpn Thr ... on 6 June, 2016
Bench: S.V. Gangapurwala
1 wp 6354.05
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6354 OF 2005
M/s Kirti Solvex Ltd.
Through Director
Shri Kirti V. Bhutada,
Age : 42 Years, Occu. : Business,
R/o New Adarsh Colony,
Ausa Road, Latur. .. Petitioner
Versus
1. The Maharashtra Industrial
Development Corporation,
Through its Managing Director,
M.I.D.C. Mahakali Caves Road,
Andheri (East), Mumbai - 93.
2. The Regional Officer,
Maharashtra Industrial
Development Corporation,
CFC Building, Latur,
Additional Area, Latur.
3. The Executive Engineer,
Maharashtra Industrial
Development Corporation,
Division Latur.
4. The Deputy Engineer,
Maharashtra Industrial
Development Corporation,
Sub Division Latur.
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5. The Deputy Chief Executive Officer,
M.I.D.C., Mumbai. .. Respondents
Mrs. Anjali Bajpai (Dube), Advocate for the Petitioner.
Shri S. S. Dande, Advocate for Respondent Nos. 1 to 5.
CORAM : S. V. GANGAPURWALA AND
K. K. SONAWANE, JJ.
DATE : 06TH JUNE, 2016.
ORAL JUDGMENT (Per S. V. Gangapurwala, J.) :-
.
The learned counsel for the petitioner states that, the
petitioner is allottee of plot Nos. G-96, G-100, G-101 and G-102
situated at M. I. D. C. Latur totally admeasuring 30638 square
meters. The agreement came to be executed in favour of the
petitioner/licensee by the respondent/corporation on 23rd July,
1997. The learned counsel submits that, on or about 8th April,
2003 the petitioner applied to the Regional Officer of the
respondent No. 1 to grant permission for conversion of the
aforesaid plot from Industrial to Commercial use. On
19.05.2003, Regional Officer, M. I. D. C. agreed to grant
permission for conversion of 2848 square meters of land for
commercial use subject to the terms and conditions enumerated
therein. Vide order dated 21.05.2003, the Regional Manager
granted the permission for conversion on payment of Rs. 71,200/-
towards the premium of converted portion. The petitioner
deposited the said amount, however, on or about 06th April,
2004, the corporation without notice to the petitioner cancelled
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the aforesaid conversion. The petitioner assailed the said order
before this Court by filing Writ Petition No. 6184 of 2004. This
Court set aside the order cancelling the permission granted for
commercial use and further directed M.I.D.C. to conduct fresh
hearing. Pursuant to the order of this Court and after hearing
the petitioner, the respondent/corporation again passed order on
27.05.2005 setting aside permission granted for conversion of
2848 square meters of land for commercial use. The learned
counsel for the petitioner further submits that, the said order is
passed against the circular dated 01.01.2002, whereby the
industrial plot can be converted into commercial one. The said
circular lays down two contingencies, wherein the holder of the
industrial plot can apply for conversion into commercial use of
the plot. The respondent/corporation only on the premise that
the said circular is only applicable to sick industries has
cancelled the permission already granted to the petitioner for
commercial use. The said circular even applies to those
industrialists who can use the said plot for commercial purpose.
The said aspect has not at all been considered by the
respondent/corporation. The same is illegal.
3. Mr. Dande, the learned counsel for the
respondent/corporation submits that, the Regional Manager
without any authority and without considering import of the
circular dated 01.01.2002 had passed an order granting
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permission for conversion of the part of the land from Industrial
to commercial use. The object of the said circular was to allow
conversion of industrial plots to commercial one in respect of
those units which are closed down or sick so that the same can be
made available for generating employment. The learned counsel
further submits that, subsequently vide circular dated 05th
September, 2013 and 04th October, 2013 minor modification
committee is constituted, which has the power to consider the
application for grant of conversion of industrial plot to
commercial plot.
4. We have considered the submissions canvassed by the
learned counsel for respective parties. When application of the
petitioner was decided, the minor modification committee was
not in existence. It is submitted that, permission which is
granted to the petitioner has been cancelled within 20 days and
the petitioner has not put the said part of the plot for commercial
use.
5. In view of the fact that, the Committee is already
constituted and as per circular dated 05th September, 2013 and
04th October, 2013 the said committee is competent to entertain
the applications for conversion of industrial plot into commercial
plot, it would be appropriate for the said committee to apply its
mind and take decision accordingly. The learned counsel for the
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petitioner also agrees that fresh proposal would be submitted.
6. In the result we pass following order.
O R D E R
A. The petitioner may submit fresh proposal to the
respondent/corporation with regard to the change of user.
B. The minor modification committee shall decide the said
proposal submitted by the petitioner on its own merits in
accordance with law expeditiously and preferably within a period
of six (06) months from the date of receipt of said proposal.
C. In view of the fact that, fresh proposal is submitted, the
earlier proposal shall stand redundant and all orders passed on
the earlier proposal shall be of no avail and shall be inoperative.
D. Rule accordingly is disposed of. No costs.
Sd/- Sd/-
[ K. K. SONAWANE, J. ] [ S. V. GANGAPURWALA, J. ]
bsb/June 16
