1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2785 of 2010 Micro Small Medium Enterprises Welfare Association ....Petitioner Vs. The Chairman, Maharashtra Industrial Development Corporation & anr. ....Respondents Mr. B.S. Nayak, advocate for the petitioner. Mr. P.P.Chavan i/b. M/s. Navdeep Vora & co. for respondents 1 & 2. CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ DATED:- April 12, 2010 P.C. Heard Counsel for the parties. 2. The Petitioners have proceeded on the assertion that the suit plot was already put to use during the relevant period. On the other hand, the Regional Officer in his order dated 23rd November, 2009 which is impugned in this Petition has adverted to Survey Report dated 9th February, 2001 and 7th January, 2006 in respect of the subject plot which indicates that the plot was lying vacant at the relevant time. It is on that basis the Department has worked out the amount payable by the Petitioners so as to grant further extension as is evident from the chart appended to Writ Petition Exhibit N at page 126. The 2 amount determined by the Department is in the sum of Rs. 17 lacs which is 5% of the prevailing amount for the period between 7th March, 1997 till 7th March, 2008 which according to the Department was the relevant period when the subject plot was not put to use by commencing construction thereon as was necessary in terms of clause 3 of the Lease Agreement. In other words, there is dispute on the factum of subject plot being put to use during the relevant period which cannot be resolved in the present proceedings in exercise of writ jurisdiction. The Petitioner, if so advised, may take recourse to remedy by way of suit and ask for appropriate relief as may be advised which will have to be considered on its own merits in accordance with law. 3. Petition disposed of on the above terms. (R.M. SAVANT, J) (A.M.KHANWILKAR, J)