PATEL AND COMPANY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 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 been specifically mentioned in the GR that the land/plot for the installation of the oxygen manufacturing plant shall be provided by MIDC on priority basis with concessional rates and all the permissions for installation of the said Unit shall be given expeditiously. According to Mr. Mirza, pursuant to the GR, the Petitioner on 26/5/2021 made an application to the District Collector, Nagpur and requested allocation of the plot admeasuring 8525 sq.mt. situated at Hingna MIDC Industrial area. The District Collector, looking to the exigency, took a prompt action and directed the Resident Deputy Collector to prepare a proposal to that effect and send it to the MIDC. On 4/6/2021 the District Collector, Nagpur made a recommendation to the MIDC for allotment of the plot in Hingna, MIDC area. The third wave of COVID-19 was then anticipated. On 7/6/2021, the MIDC issued a Circular for implementation of the GR dtd. 21/5/2021 for allotment of land by giving priority to the project of medical oxygen manufacturing plant. The said Circular was then superseded by another circular dtd. 23/6/2021. The scheme was to encourage oxygen manufacturing.