Reserved |
Civil Misc. Writ Petition No. 36685 of 2004 |
| |
M/s. Monnet Sugar Limited --------- ---------- -------- Petitioner. |
Versus
|
Union of India and others, -------- ---------- --------Respondents |
Present |
(Hon’ble Mr. Justice Amative Lala and Hon’ble Mr. Justive Sanjay Mishra) |
| |
|
| |
For the petitioner |
: |
Sri S.P. Gupta, Sr. Advocate. Sri Yaswant Varma &
Mr. Suruchi Agarwal. |
| |
For the Respondent Nos. 1&2 (& Also on behalf of AttomeyGeneral of India). |
: |
Sri K.P. Pathak Add. Solicitor General of India and Sri Awadhesh Narain Shukla Add. Standing Counsel. |
| |
|
|
|
| |
For the Respondent Nos. 3,4 &5 |
: |
Sri Sudhir Agarwal
Add Advocate General |
| |
For the Respondent No. 6 |
: |
Sri Siddhartha Shankar Ray.
Sr. Advocate.
Sri V.B. Upadhya Sr. Advocate
Sri V.K. Upadhyaya. |
|
| |
Amative Late : |
Writ petitioner filed this petition basically challenging a press note dated 31st August 1998 and the notification being numbered. So 808 (E) dated 11th September 1998, which are as follows: |
| |
|
PRESS NOTE |
Subject: De-licensing of Sugar Industry. |
The Government has further viewed the list of Industries under compulsory licensing and has decided to delete sugar Industry from the list of Industries requiring compulsory licensing under provisions of the Industrial (Development and Regulation) Act. 1951 However in order to avoid unhealthy competition among sugar factories to procure sugarcane\e a minimum of 15 KM would continue to be observed between an existing sugar mill and a new mill by exercise of power under Sugarcane (Control) Order, 1966 |
|
The entrepreneurs who wish to avail themselves of the de-licensing of sugar Industry would be required to file an Industrial Entrepreneurs Memoranda (IEM) with the Secretariat of Industrial Assistance in the Ministry of Industry as laid down for all de-llcensing Industries in terms of the Press Note dated 2nd August 1991 as amended from time to time. |
Entrepreneurs who have been issued Letter(s) of Intent (LOI) for manufacture of sugar need not file an in trial IEM in such cases the LOI holder shall only file part B of the LOI at the time of commencement of commercial production against the LOI issued by them. It is however open to entrepreneurs to file an initial IEM (in lieu of the LOI/industrial License held by them) If they so desire whenever any variation from the conditions and parameters stipulated in the LOI/Industrial License is contemplated.” |
| |
