The main legal point established in the judgment is that the Maharashtra Industrial Development Corporation, as a Special Planning Authority, has the power to grant conversion of open space to commercial space within the permissible limits of the ratio/proportion of industrial/commercial spaces and open/amenity spaces required to be maintained within the industrial area.

JUDGEMENT :

C. V. Bhadang, J.

1. Rule made returnable forthwith. The learned counsel for the respondents waive service. Heard finally by consent of parties.

2. By this petition under Article 226 of the Constitution of India, the petitioners are seeking following substantive reliefs, vide prayer clauses (C) and (C – 1) :-

“(i) By appropriate writ order or direction the action of the respondent MIDC in calling the e-bidding for the plot No. O/S032 (X-385) in Waluj Industrial Area may kindly be quashed and set aside and the action of the respondent MIDC in converting the said open space in to commercial plot may kindly be declared null and void.

(ii) By appropriate writ order or direction the order dated 28.12.2017 passed by the respondent No. 3 Regional Office in allotting the plot No. X-385 in Waluj Industrial Area to the respondent No. 4 may kindly be quashed and set aside.”

3. The brief facts necessary for the disposal of the petition may be stated thus :-

The petitioners claim to be residents’ of the industrial area of Waluj, Aurangabad. The petitioner No.2 also claims to be having an industrial unit in the said industrial area. The petitioners are challenging the action of the respondent Maharashtra Industrial Development Corporation (‘Corporation’ for short) of conversion of an open space No.32 (Plot No. X-385) as a commercial plot and allotment of the same to the respondent No.4 by order dated 28.12.2017.

4. It is contended on behalf of the petitioners that it was not open for the respondent – Corporation to convert the open land to a commercial plot and to allot the same to respondent No.4 without approval of the State Government. It is submitted that the action of the respondent – Corporation is against the provisions of the Maharashtra Regional and Town Planning Act, 1966 (for short, `the Act of 1966) and the Maharashtra Industrial Development Corporation Act, 1961 (for short, `the Act of 1961) and Revised Development Control Regulation, 2009 framed thereunder (for short `the 2009 regulations’). It is contended that the open spaces are essentially maintained for the purpose of environmental/ecological reasons and are breathing spaces/lungs. It is contended that there is no provision or procedure to convert such open space/amenity area into a commercial plot. It is pointed out that earlier, the subject open space was given to one Jai Bhavani Samajik Vriksha Ropan Vikas Sanstha, for tree plantation in the year 1996.

5. The respondent – Corporation has resisted the petition on the ground that the conversion is within the permissible limits of the maintenance of commercial/industrial plots and the open space/amenity area as required by the relevant regulations. It is contended that the matter has been considered by the Minor Modification Committee (MMC) of the corporation in its meeting dated 6th April, 2017 and as per the resolution passed in the meeting of the said committee, the conversion has been effected which is within the permissible limits of the ratio/proportion of the industrial/commercial spaces and the open as well as amenity spaces required to be maintained within the industrial area. It is pointed out that under the relevant provisions of the Act of 1966, the Corporation is a ‘special planning authority’ and under the provisions of the Act of 1961 and 2009 regulations framed thereunder, the Corporation has authority to effect such change which is accordingly made as per the resolution passed by the MMC. It is contended that the petition is misconceived and the same is filed at the behest of certain vested interests.

6. The respondent No.4 has also opposed the petition on similar grounds. It is pointed out that Writ Petition No. 5069 of 2010 was filed by the Industrial Association of Small Scale Industries before this Court for similar reliefs and on identical grounds, which has been dismissed by this Court by or