The Bombay High Court has dismissed a writ petition challenging the allotment of an MIDC industrial plot in Nashik, holding that no pre-emptive right exists in favour of an adjacent plot holder. A Division Bench of Justice Revati Mohite Dere and Justice Sandesh D. Patil held that “there is no pre-emptory right vested in any person to get a particular plot. The plots in question were vested in the MIDC.”
The Court upheld the Maharashtra Industrial Development Corporation’s (MIDC) decision to allot Plot No. H-145/2 to a third party, the petitioner had consciously given up its claim over the said plot in 2022 and raised objections after an unexplained delay.
The petitioner had initially applied in 2021 for allotment of three adjacent plots for business expansion, including Plot No. H-145/2. However, in a subsequent application dated March 8, 2022, it restricted its request to only two plots, which were thereafter amalgamated and leased to it. The Court noted that the petitioner accepted this allotment without demur and never pursued any claim over the disputed plot at that stage.
The Bench rejected the argument that the petitioner had a right of pre-emption over the disputed plot, clarifying that industrial plots vest with MIDC and are allotted through an administrative process. The Court further held that judicial review in such matters is limited and found no arbitrariness, mala fides, or unreasonableness in MIDC’s decision to allot the plot to the respondent after following due process.
Referring to the settled law laid down in Bishan Singh v. Khazan Singh, AIR 1958 SC 838, where the Court observed that the right of pre-emption is a weak right and cannot be claimed in the absence of a superior legal entitlement, the Court noted that “entire basis of the Petition to seek a pre-emptory right is fallacious and the Petition must, therefore, fail.”
Accordingly, the writ petition and the connected interim application were dismissed.
Appearances
Mr. Atul Damle, Senior Advocate a/w Mr. Sachin Gite for the Petitioner.
Mr. A.I. Patel, Addl. G.P. a/w Mr. S.P. Kamble, A.G.P. for Respondent No.1-State.
Dr. Milind Sathe, Senior Counsel a/w Mr. Vivek Yadav, Ms. Shraddha Dube-Patil and Adv. Maasar Qureshi i/b Jay & Co. for Respondent Nos.2 and 3-MIDC.
Mr. Veer Kankariya (through V.C.) a/w Mr. Jainam Jain for Respondent No.4.
