Case Note & Summary
The petitioner, an industrial association of small scale industries, filed writ petitions challenging the allotment of open spaces or amenity plots within the Jalgaon industrial area by the Maharashtra Industrial Development Corporation (MIDC) for industrial purposes. The petitioner contended that under the Maharashtra Industrial Development Act, 1961 and the Maharashtra Regional and Town Planning Act, 1966, open spaces designated in the development plan were to be kept vacant for amenity purposes and could not be allotted for industrial use without first converting them through the procedure under Section 115 of the MRTP Act. The petitioner relied on a previous undertaking given by MIDC in an earlier writ petition that it would maintain open spaces, but MIDC subsequently decided to allot these plots again. The petitioner also challenged the Revised Development Control Regulations, 2009, arguing that the State Government and MIDC lacked authority to frame them. During arguments, the petitioner's counsel submitted that MIDC had not followed due process, and that the Regulations did not provide any conversion mechanism. The court had earlier granted interim protection on 13.06.2012 directing status quo regarding open spaces. The judgment was reserved on 20.12.2018 and pronounced on 29.03.2019. The provided text includes only the petitioner's submissions and procedural background; the court's analysis and final decision are not included in the excerpt.
Issue of Consideration
Whether the Maharashtra Industrial Development Corporation (MIDC) can allot open spaces/amenity plots for industrial purposes without following the procedure under Section 115 of the Maharashtra Regional and Town Planning Act, 1966; and whether the Revised Development Control Regulations, 2009, framed by the MIDC, are valid.
Final Decision
The provided judgment text is incomplete; it ends with petitioner's submissions. The final decision of the court is not included.
