9911796707
TMI Blog2016 (9) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... has decided his case as if the petitioner had only requested to extend the Policy though he had requested to grant benefit under Clause 3.8 of the Policy dated 09.11.2001. Therefore, in my opinion, following order is passed to meet the end of justice:- The concerned Authority shall prepare an agenda in detail and the same shall be placed before the High Power Committee. The agenda shall be placed before the High Power Committee within a period of four weeks from the date of receipt of the order. The High Power Committee, which is headed by Hon'ble the Chief Minister and Hon'ble Finance Minister, is hereby requested to examine the case of the petitioner and is further requested to decide whether the petitioner would be entitled for the be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said district, the Industries and Mines Department, issued a policy on 09.11.2001 to attract various industrialists to start manufacturing various activities in the said district for which they shall be provided various types of benefits like payment of Octroi, Sales Tax etc. The Scheme was for a limited purpose and various types of industries were given different types of benefits as per the said policy. The Scheme was extended by the State Government by two Notifications dated 13.09.2004 and 07.01.2005. The petitioner applied for the benefits under the said Scheme in the year 2004. He was granted benefits upto 31.12.2005 by the respondent-State. Therefore, the petitioner started making representation to the State to consider it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09.11.2001 extend the benefit to different types of Projects, namely, projects like small and medium projects, large scale units and units having investments of more than ₹ 10 crores. He would submit that under Clause 3.8 for small and medium units, the availability of the benefits is of six (6) months and for large scale units, the benefits are available for a period of twelve (12) months. For both these units, it has been specifically observed in the Policy that the benefits would be made available either for a period of six months and twelve months or the date when the Scheme ends, whichever is earlier. However, so far as the Units who have invested more than ₹ 10 crores, no such clause is added in the said clause. He would s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ni, learned Assistant Government Pleader for the respondent State has opposed this petition and submitted that the Petitioner's Application/ Representations, which were submitted before filing of the petition in the year 2011, as if the petitioner intended to get the Policy extended and, therefore, the High Power Committee has rightly decided that the time limit of the Policy cannot be extended. He would further submit that as per clause 3.8 itself, word used in clause 3.8 amply makes it clear that the unit who has invested more than ₹ 10 Crores, shall be entitled for a period of 18 months or at the completion of the Scheme, establishes that the Authority intended to manufacture only for a period upto 31.12.2005 i.e. the date of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, present petition is disposed of in light of the submissions made by the learned AGP that necessary policy decision will be taken as expeditiously as possible but not later than six months. The Commissioner may endeavour to take final decision and convey it to the petitioner preferably by 31.1.2013. 9. In that view of the matter the competent authority before whom the petitioner's application is pending may take necessary decision based on the policy decision on the application of the petitioner as expeditiously as possible. With the aforesaid clarification and observation the petition is disposed of. 8. In view of the above direction, the meeting agenda prepared on 24.01.2013 to be placed before High Power Committee w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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