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2021 (5) TMI 973 - HC - Indian LawsGrant of approval under Non-Automatic route as stipulated under Section 7 of the Industrial Park Scheme 2002 - Notification dated 08.01.2008 - HELD THAT - The Industrial Park scheme, for which, the petitioner applied had expired on 31.03.2006. The Government of India Notification issued on 1st April 2002 unambiguously contemplates the period of the operation of the scheme. As per the period of operation, the scheme shall be applicable for any undertaking which develops, develops and operates or maintains and operates an Industrial Park for the period beginning on the 1 st day of April 1997 and ending on the 31st day of March 2006 - However, the application itself was filed by the petitioner on 10th October 2006, after the lapse of the scheme itself. When the application itself was belated and more specifically, after the expiry of the period of operation of the scheme, the very relief sought for in the present writ petition deserves no merit consideration - Also, the petitioner admitted that the I.T Park became functional only after the expiry of the period of operation i.e., 31st March 2006. Petition dismissed.
Issues:
1. Validity of the impugned letter dated 19.10.2011 under the Industrial Park Scheme 2002. 2. Applicability of the Industrial Park scheme and the period of operation. 3. Timeliness of the petitioner's application in relation to the scheme's expiration. 4. Admission by the petitioner regarding the functional status of the I.T Park. 5. Dismissal of the writ petition and the liberty to apply under a new scheme. Analysis: 1. The petitioner sought relief in a writ petition to quash the impugned letter dated 19.10.2011 and direct the 1st respondent to grant approval under the Non-Automatic route as per Section 7 of the Industrial Park Scheme 2002. The impugned order highlighted that the petitioner applied under a scheme that had expired on 31.03.2006, as per the Government of India Notification issued on 1st April 2002. The scheme was operational from 1st April 1997 to 31st March 2006. 2. The application by the petitioner was submitted on 10th October 2006, after the scheme had already lapsed. The court noted that the relief sought in the writ petition held no merit due to the belated application, especially after the scheme's expiration. The petitioner's acknowledgment in a letter dated 13.06.2007 further confirmed that the I.T Park only became fully functional after the scheme's end on 31st March 2006. 3. Given the circumstances, the court advised the petitioner to apply under any new scheme introduced subsequently by the Government of India, which is operational. Consequently, the writ petition was dismissed, with no costs imposed. The petitioner was granted the liberty to pursue approval under a new scheme, and the connected miscellaneous petition was closed as well. This detailed analysis of the judgment from the Madras High Court provides insights into the issues surrounding the Industrial Park Scheme 2002, the timeliness of the petitioner's application, and the subsequent dismissal of the writ petition with the option to apply under a different scheme.
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