Raw pet-coke quota allocation turns on capacity accepted on 09.10.2018, not later expansion certificates.

The raw pet-coke quota was fixed on the production capacities disclosed and accepted as of 09.10.2018, with the Consent to Operate treated as the controlling basis for capacity assessment. Later claims that the calciner had increased production capacity after that date were not taken into account, because the allocation regime had already rejected reliance on subsequent expansion. A later State Pollution Control Board certificate did not alter the earlier capacity position or create a fresh entitlement, so it could not justify reopening or revising the quota already fixed under the existing framework.

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Issues: Whether the increased production capacity claimed by the calciner after 09.10.2018 could be taken into account for allocation of raw pet-coke quota, and whether the later certificate issued by the State Pollution Control Board altered the basis fixed by the Court for such allocation.

Analysis: The total import cap of raw pet-coke had been fixed on the basis of the production capacities disclosed and accepted as on 09.10.2018. The allocation framework consistently treated the Consent to Operate as the governing material for determining capacity, and repeated claims for enhancement based on later expansion had already been rejected. The subsequent certificate issued by the Pollution Control Board did not create a new entitlement, because it did not displace the earlier capacity position that had formed the basis of the quota fixation. The later clarification therefore could not justify revisiting the allocation already settled under the existing regime.

Conclusion: The increased capacity claimed after 09.10.2018 could not be considered for quota allocation, and the later certificate did not warrant any change in the allocation already fixed.

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