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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
VIBHA KANKANWADI, HITEN S.VENEGAVKAR
Santosh S/o Sudam Bhalerao – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. locus standi of petitioner questioned (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. allegation of arbitrariness and favoritism (Para 8 , 9 , 10 , 11) |
| 3. response of midc to petitioner's claims (Para 12 , 13 , 14) |
| 4. evolution of allotment policy by midc (Para 15 , 16 , 17) |
| 5. support for midc's policy from other cases (Para 18 , 19 , 20 , 21) |
| 6. legal basis of priority allotment policy (Para 22 , 23 , 24 , 25 , 26) |
| 7. constitutional requirements for public allocations (Para 27 , 28 , 29 , 30 , 31) |
| 8. deference to economic policies of the state (Para 32 , 33 , 34 , 35 , 36) |
| 9. transparency and accountability in governance (Para 37 , 38 , 39) |
| 10. constitutionality of midc's classification (Para 40 , 41 , 42 , 43 , 44) |
| 11. petitioner's incomplete applications and rejection (Para 45 , 46 , 47 , 48 , 49) |
| 12. legitimacy of midc's allotment actions (Para 50 , 51 , 52) |
| 13. final judgment and dismissal of petition (Para 53 , 54 , 55 , 56) |
JUDGMENT :
HITEN S. VENEGAVKAR, J.
1. The petitioner has invoked the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India challenging the decisions taken in the meetings of the Minor Modification Committee (MMC) on 21.09.2023 a
The court affirmed the constitutional validity of the MIDC's priority allotment policy, emphasizing that online applications and fair process must apply uniformly, without arbitrary distinctions amon....
Process of applying the pick and choose policy and making allotments at the whims and fancies of the persons in power continued in the State.
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....
The State must ensure fair and transparent policies in public property dealings, adhering to constitutional mandates, while judicial review of policy decisions is limited to cases of arbitrariness or....
The court upheld the government's policy for land allotment to promote the film industry, emphasizing compliance with Article 14 and the importance of transparency in public contracts.
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.
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
The court affirmed that statutory bodies must fulfill their obligations and that government directions must be lawful and reasonable, subject to judicial review.
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