KAMLAKAR BHIMRAO PATIL Vs. MAHARASHTRA INDUSTRIAL

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. Learned advocate Ms. Shyamali Gadre waives service of notice for the Respondent - MIDC. By consent of parties, petition is taken up for final hearing.

(2.) The Petitioners have invoked writ jurisdiction of this Court praying for quashing of letter dated 30 th March, 2005 issued by the Respondent - Maharashtra Industrial Development Corporation (hereinafter referred to as the "MIDC"), as being arbitrary and illegal and they have further sought a direction to the MIDC to execute lease- deed in favour of Petitioner No. 2 in respect of the piece of land in question, allegedly allotted to them in what is called the Knowledge Park Airoli, with a further direction to place the Petitioners in possession of the said piece of land. The essential grievance of the Petitioners is that, having allotted the said piece of land in their favour, and the Petitioners having adhered to the requirement of deposit of consideration amount, the MIDC could not have returned the demand drafts of the said amount by the impugned letter dated 30.3.2005, thereby rescinding the allotment of the said land made in favour of the Petitioners.

(3.) The facts of the present case, as discernible from the pleadings and documents on record, are as follows: On 7.7.2004 the Petitioner No. 1 made an application for allotment of the land in question i.e. 116000 sq. mts. in Knowledge Park, Airoli to the MIDC in terms of the MIDC Land Disposal Regulations, 1975 (hereinafter referred to as the "Land Disposal Regulations"), wherein the land can be disposed by the MIDC either by public auction or by entertaining individual applications. The Petitioner No. 1 submitted the said application alongwith a Project Note, giving a brief description of the project that he intended to start on the said piece of land. Petitioner No. 1 was called to attend a meeting with the Land Allotment Committee of the MIDC on 9.8.2004, and thereafter on 17.8.2004 a resolution was passed by the MIDC to allot the said piece of land in favour of Petitioner No. 1 by charging premium @ Rs. 1,800/- per sq. mt., amounting to a total consideration (premium) of Rs. 20,88,00,000/- (Rupees Twenty crores, Eighty Eight Lakhs).