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TMI Blog2024 (11) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... commencement of production with less than 50% plot utilization), deman notices for a penalty of 5% of the prevailing plot cost for the unutilized extent shall be issued on 01.10.2020. Admittedly, the petitioner complied the said clause by utilizing more than 65% of the plot. Even then as directed by this Court, the petitioner had paid the entire penalty amount. Further the petitioner had commenced its production even before raising the invoice. That apart, the pharmaceutical bulk drugs and chemicals were packed and despatched on 18.11.2022 itself, after complying with other conditions such as, QC product specification of the customer. Therefore, even before the despatch of goods, the petitioner company had started the production of the goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 25.08.2005, vide registered document No.3685 of 2006, on the file of the Sub Registrar, Hosur, registered on 21.03.2006, for the remaining lease period of 83 years. 3. In the mean while, the petitioner had applied for 'consent to establish' with the Pollution Control Board, on 02.01.2006 and it was granted for the period of two years from 07.03.2006. However, due to drastic reduction in the demand on account of global recession, the petitioner could not able to take up the project and need to change the product line warranting for a fresh application for consent to establish. During the year 2009, the petitioner company evaluated various project proposals for choosing a most lucrative product line considering the customers demand fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vour of the petitioner and directed to executed the surrender deed within a period of fifteen days. 6. Therefore, the petitioner approached this Court in W.P.No.15977 of 2020 and this Court by an order dated 24.09.2021 ordered as follows:- (ii) if the petitioners are willing to retain the lands allotted to them despite such a long delay in implementing the project, they shall make payment in penalty proposed by SIPCOT as indicated in the above mentioned table [48.40 lakhs (20%)] in 12 equal monthly installments. Commencing from the 1st of the English calendar month from the date of this order and also undertake to implement the project immediately and commence the commercial production with such period of 12 months. (iii) in case the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel appearing for the respondents submitted that as directed by this Court, demand notices were raised for a sum of Rs. 48,40,000/- by 12 installments which was ended on 01.10.2022 and as per which, the petitioner has to implement the project within such period i.e., on or before 01.10.2022. Whereas the petitioner had remitted the entire amount as per the first sale invoice dated 18.11.2022. Therefore, the petitioner had commenced the production beyond the stipulated 12 months period ie., after 01.10.2022. Hence, the first respondent rightly directed the petitioner to pay 5% penalty of the prevailing plot cost. 9. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 10. On perusal of reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... harmaceutical bulk drugs and chemicals were packed and despatched on 18.11.2022 itself, after complying with other conditions such as, QC product specification of the customer. Therefore, even before the despatch of goods, the petitioner company had started the production of the goods. Therefore, after having been paid the penalty amount to the tune of Rs. 55,66,001/- including SGST and CGST as 5% of the total cost of the plots, once against the petitioner cannot be directed to pay penalty of 5% of the prevailing plot cost. 13. In view of the above discussions, this Court finds infirmity and illegality in the impugned order passed by the first respondent and it can not be sustained and liable to be quashed. Accordingly, the impugned order d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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