logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide
24

  •            

 
CDJ 2026 BHC 1260 My Notes print Preview print print
Court : In the High Court of Bombay at Aurangabad
Case No : Writ Petition No. 5932 of 2023
Judges: THE HONOURABLE MR. JUSTICE NITIN B. SURYAWANSHI & THE HONOURABLE MR. JUSTICE ABASAHEB D. SHINDE
Parties : M/s Radhe Radhe Roses, Through Its Proprietor, Leela Anil Agrawal Versus The State of Maharashtra, Through Its Secretary & Others
Appearing Advocates : For the Petitioner: Pramod Gaikwad, h/f A.G. Talhar, Advocates. For the Respondents: Kalpalata Patil Bharaswadkar, AGP, R3, S.S. Dande, Advocate.
Date of Judgment : 01-07-2026
Head Note :-
Comparative Citation:
2026 BHC-AUG 25563,
Judgment :-

1. By this petition, petitioner seeks following reliefs:

                   “B) By appropriate writ order or directions, the notice dated 25.01.2022, 19.04.2022 and 30.06.2022 issued by the respondent No. 3 Regional Officer, MIDC Latur Region may kindly be quashed and set aside.

                   D) By appropriate writ order or direction, the respondent No. 2 and 3 may kindly be directed to maintain the Plot i.e. plot No. 16 having area 10935 sq. mtrs., in MIDC Area Latur as a Open Space (Green Belt) and it be declared that the respondent Corporation cannot convert the said open space green belt in to industrial plot.

                   E) By appropriate writ order or direction the respondent No. 2 and 3 may kindly be directed to make the payment of expenditure made by the petitioner for the development of the plot No. 16 having area 10935 sq.mtrs. in MIDC Area Latur along with interest to the petitioner herein.”

2. Learned advocate for respondent No. 3-MIDC placed on record copy of letter dated 01.07.2020 addressed by the petitioner stating that open space no. 16 admeasuring 10935 sq.mtrs, was allotted to her and plantation was made there. Due to the drought situation in earlier years, water supply of MIDC was discontinued. Since, there was no rain, 70% plantation could not survive. It is further stated that temporary construction is made as per MIDC Rules and there is no unauthorized construction.

3. Learned advocate for MIDC submits that open space was allotted to the petitioner for cultivation of horticulture/orchard. However, petitioner has not done that. Apart from this, possession of the open space is taken from the petitioner on 02.08.2022. Copy of panchnama to that effect is placed on record.

4. In view of this and due to the subsequent developments, nothing survives in the petition. The writ petition is therefore disposed of. The petitioner may avail appropriate remedy as available in law.
 
  CDJLawJournal