2019 (2) TMI 2059 - HC - Indian Laws

Non-disbursal of incentive receivable by the petitioners under the West Bengal State Support Incentive Scheme, 2008 - HELD THAT - In the facts of the present case, interest of justice would be subserved by requiring the Managing Director of West Bengal Industrial Development Corporation to decide the issue as to the entitlement of the petitioners under the scheme of 2008, if there be any. The Director, Electricity Duty, will consider and decide the claim for waiver of electricity duty. He will afford a reasonable opportunity of hearing to the petitioners. He is at liberty to hear such other parties and consult such documents as deemed necessary by him. He will pass a reasoned order which he will communicate to the petitioners forthwith thereafter. Petition disposed off.

Summary

Issues:
1. Disbursement of incentive receivable under the West Bengal State Support Incentive Scheme, 2008.
2. Claim on account of waiver of electricity duty.

Analysis:
1. The petitioners raised concerns regarding the non-disbursement of incentives owed to them under the West Bengal State Support Incentive Scheme, 2008. The petitioners, through their Senior Advocate, highlighted their claims for incentives and waiver of electricity duty. In response, the Additional Advocate General for the State assured that the Managing Director of the West Bengal Industrial Development Corporation would assess the subsidy due to the petitioners. Additionally, the Director of Electricity Duty would review the petitioners' claim for electricity duty waiver.

2. Considering the circumstances, the Court deemed it necessary for the Managing Director of the West Bengal Industrial Development Corporation to determine the petitioners' entitlement under the 2008 scheme. The Managing Director was instructed to provide a fair hearing to the petitioners, along with any other relevant parties, and examine the necessary documents before issuing a reasoned order promptly. Similarly, the Director of Electricity Duty was directed to evaluate the claim for electricity duty waiver, ensuring a similar opportunity for the petitioners and other concerned parties. Both officials were required to communicate their decisions to the petitioners without delay.

3. If either official found that the petitioners were entitled to any part of their claims, they were directed to take necessary steps for the prompt disbursement of the approved amounts. The Court set a timeline of four weeks from the date of the order for the completion of this entire process. Ultimately, the Court disposed of the writ petition, WP No. 460 of 2018, without imposing any costs on either party involved in the matter.