9911796707
TMI Blog2003 (11) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... it was a case of an error committed by the State Government of which it was not aware. The State of Orissa should have, while holding out the representation, taken into consideration the fact-who will have to do re- plantation and that the permission of the Government of India would be needed for the purpose. The State cannot take advantage of its own omission. The State Government having persuaded the respondent to establish an industry and respondent having acted on the solemn promise of the state Government, purchased the raw material at a fixed price and also sold its products by pricing the same taking into consideration the price of raw material fixed by the State Government and supplied, the State Government cannot be permitted to r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ultimately prevailed with a high level committee of the State Government and on 3.10.1989 a decision was taken to not to alter the terms for supply of raw material on which the respondent had acted and established its industry. The industry continued to function, consumed the raw material and sold its finished products to the buyers in the market. The pricing of the finished product was done by taking into account the rate of royalty and the method of stack measurement as proposed by the respondent and agreed upon between the parties. On 2.9.1993, the State Government again proposed to make a revision with effect from a back date, i.e., 1st April, 1998. This proposal was challenged by the respondent by filing the writ petition in the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We are not satisfied even prima facie that it was a case of an error committed by the State Government of which it was not aware. The State of Orissa should have, while holding out the representation, taken into consideration the fact-who will have to do re- plantation and that the permission of the Government of India would be needed for the purpose. The State cannot take advantage of its own omission. The State Government having persuaded the respondent to establish an industry and respondent having acted on the solemn promise of the state Government, purchased the raw material at a fixed price and also sold its products by pricing the same taking into consideration the price of raw material fixed by the State Government and supplied, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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