Bombay High Court
Bhavana Anil Shah vs Maharashtra Industrial Development ... on 26 June, 2025
Author: M.S. Sonak
Bench: M.S. Sonak
2025:BHC-AS:25572-DB 12-ASWP-5133-2018.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5133 OF 2018
Bhavana Anil Shah ...Petitioner
Versus
Maharashtra Industrial Development ...Respondents
Corporation Ltd (MIDC) Nashik & Ors
Mr RD Soni, with VR Kasle & Tushar Momaiyah, i/b Ram &
SHEPHALI Co, for the Petitioner.
SANJAY
MORMARE Mr Kunal Damle, with Shraddha Dubepatil, i/b Jay & Co., for
Digitally signed by Respondent No. 1-MIDC.
SHEPHALI
SANJAY
MORMARE Ms Shruti Vyas, Addl. GP, with Dr Dhurti Kapadia, AGP, for
Date: 2025.06.27
15:02:34 +0530
Respondent No. 4-State.
CORAM M.S. Sonak &
Jitendra Jain, JJ.
DATED: 26th June 2025.
ORAL JUDGMENT (Per M.S. Sonak J):
1. Heard learned counsel for the parties.
2. Rule. Rule is made returnable immediately at the
request and with the consent of the learned counsel for the
parties.
3. The challenge in this Petition is to the communications
dated 23rd March 2016 and 7th February 2025 by which the
26th June 2025
12-ASWP-5133-2018.DOC
Respondent-MIDC has demanded from the Petitioner an
amount of approximately Rs. 1.19 Crores on the ground that
the Petitioner has sublet the industrial plot allotted to the
Petitioner, i.e., Plot No. B-56 at Nashik-Satpur Industrial
Estate.
4. Admittedly, before the above communications were
issued or demands were made, the Petitioner was not served
with any Show Cause Notice or given an opportunity to meet
with MIDC's case of unauthorised sublet. The impugned
communications alleging unauthorised subletting or raising
demands of approximately Rs. 1.19 Crores visit the Petitioner
with civil consequences. Therefore, in such circumstances, the
MIDC, was obliged to comply with the principles of natural
justice and fair play.
5. On the above short ground, we quash and set aside the
impugned communications dated 23rd March 2016 and 7th
February 2025. However, since we are quashing these
communications only on the ground of compliance of
principles of natural justice and fair play, we grant the MIDC
an opportunity to issue a Show Cause Notice to Petitioner and
after considering the cause shown by the Petitioner to take a
final decision in the matter.
6. The learned counsel for the MIDC, on instructions,
states that Show Cause Notice will be issued to the Petitioner
within a maximum of four weeks from today.
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12-ASWP-5133-2018.DOC
7. Mr Soni, learned counsel for the Petitioner states that a
response would be filed to the Show Cause Notice within a
period of four weeks from the receipt of the Show Cause
Notice. The MIDC should give a personal hearing to the
Petitioner and dispose of the Show Cause Notice in
accordance with law and on its own merits.
8. All contentions of all parties are left open, since we have
not examined the rival contentions on merits.
9. The Rule is made absolute in the above terms. There
shall however no order as to costs.
10. All concerned to act on the authenticated copy of this
order.
(Jitendra Jain, J) (M. S. Sonak, J)
{
26th June 2025
