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2023 Supreme(Bom) 981

SUNIL B. SHUKRE, ANIL L. PANSARE
Patel And Company – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
F.T.Mirza, Advocate, Syed Owais, Advocate, K.S.Joshi, Advocate, S.K.Mishra, Advocate, J.B.Kasat, Advocate

JUDGMENT

ANIL L.PANSARE,J. - Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

2. The petitioner is seeking a direction to the Respondent No. 2- Maharashtra Industrial Development Corporation (in short, 'MIDC') to allot Plot No.G-13/2 situated at Hingna MIDC Area, Nagpur (in short 'the plot') for installation of oxygen manufacturing plant under the Scheme "Mission Oxygen Swawlamban" in terms of the Government Resolution (in short 'GR') dtd. 21/5/2021 and Circular dtd. 23/6/2021.

3. Mr. F.T. Mirza, learned Counsel for the Petitioner has taken us throughthepleadings. He submits thatthe petitioner-firm is running an oxygen manufacturing plant at Hingna, MIDC Industrial area, Nagpur in a tenanted premises bearingNo.E-4/1whichis inproximityoftheplot and was lying vacant forlast about 40 years.ThePetitioner claims tohave supplied oxygen during the periodof globalpandemic ofnovel corono virus (COVID 19). He submits that on 21/5/2021, the Government of Maharashtra by Resolution under the Mission OxygenSwawlamban,has floateda scheme for encouraging installation of new project of 'Liquid Medical Oxygen Manufacturing along with storage and cylinder filling' (LMO). It has bee

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