VIDYUT METALLICS LIMITED Vs. MAHARASHTRA INDUSTRIAL

JUDGEMENT

(1.) Rule returnable forthwith. By consent of parties, Petition is taken up for final hearing.

(2.) The Petitioners have challenged order dated 28.07.2015 of Respondent Maharashtra Industrial Development Corporation (MIDC) whereby lease agreement dated 11.07.1975 was terminated and directed the Petitioners to handover the possession for non use of the plot for long. This Court on 10.08.2015, directed the parties to maintain status quo in all respects. The Petitioners have been in possession of the plot till this date.

(3.) The Respondents by reply dated 206.2017 resisted the claim made in the Petition in every aspect. Petitioners by rejoinder reiterated the case and placed on record substantial document/material to support their case to show that they have been using the plot since 207.1962, based upon earlier agreements. The impugned lease agreement for 99 years is dated 11.09.1975. Even prior to the lease agreement, before the establishment of MIDC, pursuant to Maharashtra Industrial Development Act, 1961, based upon the earlier agreements, the Petitioners have been in possession of the plot. After formation of MIDC, they entered into the agreement so recorded. Based upon the conditions, the Petitioners had established factory and started using the plot but because of accident they were unable to use it further. However, because of an unfortunate fire accident on 04.04.2010, the running factory having 350 employees, was required to be closed down. This, in addition to the facts of dispute between the family members/directors since 2010, also resulted into delay in restarting of the factory and/or reuse of the plot after the stated incident. The averments and material so placed on record by affidavit dated 27.07.2017, also reflects their steps taken to restart the factory/production on the plot.