Bombay High Court
Patel And Company Through Its ... vs Dr. Vipin Sharma, The Chief Executive ... on 8 August, 2024
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
926-CP-448-2023.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
CONTEMPT PETITION NO. 448 OF 2023 IN
WRIT PETITION NO. 1494 OF 2022 (DECIDED)
Patel and Company, through its proprietor Mr. Abdul Shahid Patel
vs.
Dr. Vipin Sharma, The Chief Executive Officer, MIDC, and others.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. Firdos Mirza, Senior Advocate with Mr. S. O. Ahmad, Advocate for petitioner.
Mr. A. P. Chaware, Advocaet for respondent nos.1 to 4.
CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.
DATE :- 8th AUGUST, 2024
Heard.
2. The petitioner has approached this Court through Writ Petition
No. 1494 of 2022 against the respondents therein seeking directions
particularly to the Maharashtra Industrial Development Corporation to
allot Plot No.G-13/2 situated at MIDC, Hingna, Nagpur for installation
of Oxygen Manufacturing Plant under the Scheme of Mission Oxygen
Swavlamban in terms of Government Resolution dated 21.05.2021 and
Circular dated 23.06.2021.
3. This Court accordingly issued the following directions:
"26. In the circumstances, we deem it appropriate to
remand the matter back for consideration afresh, strictly
in accordance with the circular dated 9th June, 2021. We
also find it necessary to remind the officials of MIDC that
the Regulations of 1975, provide for two modes of
disposal of land - one by public auction and another by
entertaining individual applications. In thepresent case,
there are more than one applicants for allotment of the
plot. In such eventuality, it would be advisable to allot the
plot by public auction which will not only benefit the
MIDC but will also ensure transparency in allotment of
land/plot or the applications so received ought to be
considered on 'first-come-first-served' basis.
27. In these circumstances, it would be appropriate that
the issue is referred back to the MIDC for its
consideration afresh in accordance with law and in the
light of what has been stated by us in this judgment.
28. Accordingly, we direct the MIDC to review its
decision dated 17th August 2022 to allot Plot No.G-13/2
to M/s. Jalaraj Pharma in accordance with law and decide
the issue involved in the petition afresh in accordance
with law and in the light of what has been stated in the
body of the judgment. We direct MIDC to take its
decisions in the matter as expeditiously as possible by
affording opportunity of hearing to the concerned
parties."..
4. Thereafter instead of taking steps for allotment of the said plot
for the purposes of setting up of Oxygen Plant, it appears that the
respondents Officers' have taken a decision to auction the same and
accordingly in Writ Petition No.705 of 2022 and Contempt Petition
No. 212 of 2022 a statement is made that the plot in question shall be
auctioned.
5. In response to the Court's query, we are informed that the
petitioner in Writ Petition No. 705 of 2022 had not sought allotment or
allocation of the plot for setting up Oxygen Plant.
6. In that view of the matter the contention of the Senior Counsel
appearing for the petitioner is, the stand reflected in the order dated
11.09.2023 in Writ Petition No. 705 of 2022 which led to the disposal
of the said petition is with an intention to undermine the directions
which are given by way of an order dated 25.01.2023 in Writ Petition
No. 1494 of 2022.
7. In this background, when confronted, the counsel for the
respondent has tried to justify his claim by stating that the action of
the respondents is in tune with the Circular dated 09.06.2021 issued
by the Directorate of Industries. According to him, the policy is to
extend the benefit and not the allocation of plot on priority basis. It is
claimed that since the plot in MIDC is to be disposed of pursuant to the
policy adopted by the respondents for disposal, as reflected in the
Disposal Rules, the allocation of the plot was not carried out in favour
of the petitioner.
8. We reject the aforesaid explanation for the reason that the same
goes contrary to the directions given by this Court as reproduced above
at paragraphs 26, 27 and 28. The conduct of the respondents' Officers
of their intention to auction the plot by conducting online auction
including that of for setting up of Oxygen Plant. It was never the
intention of the Court while deciding Writ Petition No.1494/2022 to
permit general auction, as specific directions were issued to re-consider
the decision afresh for dealing with allotment of Plot No.G-13/2
situated at MIDC, Hingna, Nagpur for the purpose of Oxygen Plant, in
view of the Policy of the State Government reflected in Circular dated
09.06.2021 so also in Government Resolution dated 21.05.2021.
9. That being so, we are prima facie satisfied that the respondents
officers have conducted themselves contrary to the judgment of this
Court delivered in Writ Petition No. 1494 of 2022 on 25.01.2023.
10. As such, we deem it appropriate to direct the respondent nos.1
to 4 to remain present personally so as to enable this Court to frame
the charge against them under the Contempt of Court Act, 1971.
11. In response to the Court's query, the learned counsel appearing
for the respondents submits that the respondents can be made
to appear on 19.08.2024.
12. Stand over to 19.08.2024.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.)
Andurkar.
Signed by: Jayant S. Andurkar
Designation: PA To Honourable Judge
Date: 12/08/2024 10:17:33
