The Bombay High Court has dismissed a Public Interest Litigation (PIL) filed by Bhrastachar Nirmoolan Sangathana, which questioned the allotment of land by the Maharashtra Industrial Development Corporation (MIDC) to various educational institutions and trusts. The court observed that the allotments were made under valid regulations and policies, and the land was being used for the intended purpose of educational development.
PIL Allegations Against MIDC
The petitioner alleged that MIDC allotted plots at concessional rates and without a public auction to institutions linked with political figures. According to them, public land meant for industrial development was diverted for private benefit. It was argued that such allotments violated the principle of fairness as no tender process or public notice was issued, depriving other deserving institutions of an opportunity.
MIDC countered the allegations by stating that allotments were carried out under the Maharashtra Industrial Development Corporation Disposal of Land Regulations, 1975. The regulations empower MIDC to allot plots either through public auction or by entertaining direct applications. The corporation explained that 5% of land in industrial areas is reserved for amenities such as schools, colleges, and training centres, and that concessional rates were fixed by board resolutions to promote education.
The Division Bench of Chief Justice Alok Aradhe and Justice Sandeep V. Marne held that the petitioners did not challenge the validity of the MIDC’s regulations or its board resolutions which allowed concessional allotments.
Quoting from the judgment, the court noted:
“Once the power of MIDC to make allotments by entertaining direct applications is not questioned, the end result in making allotments to various educational institutions cannot be challenged, unless the allotment is demonstrably arbitrary.”
The court further observed that the institutions had already established schools, colleges, and hospitals on the allotted lands, benefiting thousands of students.
The PIL was dismissed with the court concluding that the allotments were neither illegal nor arbitrary. However, it clarified that if MIDC notices any misuse of land in the future, action must be taken against the concerned allottees.
Case Title: Bhrastachar Nirmoolan Sangathana v. State of Maharashtra & Ors.
Case Number: PIL No. 155 of 2006 with Civil Application No. 41 of 2012
