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A. S. CHANDURKAR, JITENDRA JAIN
Sesa Sterlite Ltd. , Shirur, Pune – Appellant
Versus
State of Maharashtra, Through Ministry of Industries – Respondent
JUDGMENT :
A.S. Chandurkar, J.
1. RULE. Rule made returnable forthwith and heard learned counsel for the parties.
2. In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner, a Public Limited Company, incorporated under the Companies Act, 1956, has raised a challenge to the notices dated 25th June 2014 issued by the 2nd respondent – Maharashtra Industrial Development Corporation (MIDC), thereby terminating the Lease Agreements dated 5th August 1992 that were entered into between the parties. The petitioner has also raised a challenge to the orders dated 31st July 2014 passed by the learned Principal District Judge, Ratnagiri in proceedings under Section 7 of the Bombay Government Premises (Eviction) Act, 1955 (for short, “Act of 1955”), by which the stay applications preferred by the petitioner came to be rejected in proceedings filed for challenging the notices dated 25th June 2014.
3. The facts in brief that are relevant for considering the challenge as raised are that the petitioner claims that it is engaged in the business of exploring, extracting as well as processing minerals, oil and gas. With a view to set up a Copper Smelter Project i
Non-compliance with contractual obligations and lack of activities on the allotted plots justified the termination of the Agreements by MIDC.
The decision to allot a specific plot for installation of an oxygen manufacturing plant depended on the Land Committee as per the MIDC regulations, and the MIDC's disregard of its own regulations and....
Point of Law : In case of failure to handover the possession in time, the plot shall be deemed to have been taken into possession by the Corporation and amount shall be refunded as per rules of the c....
The government may resume industrial land for non-utilization by the allottee, with decisions supported by assignment rules and public interest considerations.
The court affirmed that statutory bodies must fulfill their obligations and that government directions must be lawful and reasonable, subject to judicial review.
The government must act in a fair and just manner in the distribution of wealth, and any arbitrary distribution would violate the law of the land.
A contracting party is bound to fulfill the conditions set forth in a lease agreement; failure to do so legitimizes cancellation of the contract by authorities, despite claims of external difficultie....
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