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Bombay High Court

Umashankar Pande And Ors vs The State Of Maharashtra Thru The ... on 11 January, 2022

Author: S.M.Modak

Bench: R. D. Dhanuka, S.M.Modak

                 KVM

                                                      1/2
                                                                         6 - WP 8441 OF 2019.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN   Digitally signed by
                                   CIVIL APPELLATE JURISDICTION
          KANCHAN VINOD
VINOD     MAYEKAR
          Date: 2022.01.12 15:55:05
MAYEKAR   +0530
                                      WRIT PETITION NO. 8441 OF 2019

                 Umashankar Pande & Ors.                             ..... Petitioners

                             VERSUS

                 State of Maharashtra & Ors.                         ..... Respondents

                 Mr.Rakesh V.Misar, i/b. Kanchwala Misar & Co. for the Petitioners.

                 Mr.S.B.Kalel, A.G.P. for the State - Respondent no.1.

                 Mr.Prashant Chavan, a/w. Mr.Navdeep Vora, Mr.Meet Vora, i/b.
                 Navdeep Vora & Associates for the Respondent nos. 2 to 4.

                                              CORAM: R. D. DHANUKA AND
                                                     S.M.MODAK, JJ.

DATE : 11th JANUARY, 2022 (Through Video Conference) P.C:-

Pursuant to the order passed by this Court on the last date, Mr.Chavan, learned counsel for the respondent nos. 2 to 4 tendered a copy of the re-offer dated 10th January, 2022 made by his clients to the petitioners on various terms and conditions. Learned counsel for the petitioners has certain objections in respect of some of conditions mentioned therein. One of the objection is that the specific plot has not been allotted by the MIDC in the said re-offer dated 10 th January, 2022 KVM 2/2 6 - WP 8441 OF 2019.doc and that the petitioners are not liable to make any payment of 15% additional premium over and above the usual premium if the plot that would be finally allotted in the industrial area is facing the National Highway, State Highway or the Service Road parallel to the National Highway or State Highway.

2. Mr.Chavan, learned counsel for the respondent nos. 2 to 4 on instruction states that insofar as the allotment of any specific plot is concerned, the petitioners can approach the Area Manager, MIDC any time this week for specifying the details and the particulars of the plot that would be offered to the petitioners and to offer inspection thereof from the layout plan.

3. Learned counsel for the petitioners agree to visit the office of the respondent no.4 on 13th January, 2022 at 11.00 a.m. The respondent no.4 shall also offer inspection of the plot that would be offered physically at the mutually convenient date.

4. Place the matter High on Board on 18th January, 2022.

[S.M.MODAK, J.]                               [R.D.DHANUKA, J.]