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2015 (11) TMI 1735 - KARNATAKA HIGH COURTIndustrial Park Scheme, 2002 - Whether there has been a violation of any of the conditions imposed by the Empowered Committee, which has addressed the application of the petitioner and accorded the approval is examined with reference to the provisions of the Scheme? - Held that: - It is evident that the conditions, which are to be met as a precondition for the Automatic Approval Route are not applicable in so far as the Non-Automatic Approval Route is concerned - the Empowered Committee examines the application on a case to case basis and considers the same on merits and thereafter, imposes conditions. There is no condition forthcoming, in the approval granted in favour of the petitioner, relating to restriction of allocation of any extent of industrial area to any one particular unit. Even if the TCS and its several units in the park is considered as a single unit, the prohibition contained in so far as the allocation applicable in respect of the Automatic Approval Route cannot be made applicable to the Non- Automatic Approval Route. It cannot be said that the respondents were justified in withdrawing the approval and in the interest of the country, it would not be advisable to kill a prosperous industry - the action of the respondents was ill-advised and not sustainable. Petition allowed - decided in favor of petitioner.
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