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    <title>2007 (4) TMI 788 - MADRAS HIGH COURT</title>
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    <description>Writ relief under Article 226 was refused because the MOU governing fly ash collection was purely contractual and not &quot;statutory&quot; in character: the environmental notification required utilisation of fly ash but did not mandate allotment to any private party or any fixed percentage, and the competing claims on &quot;poor take-off&quot; versus diversion raised disputed questions of fact unsuitable for writ adjudication; the HC therefore declined interference and dismissed the petitions. Promissory estoppel and legitimate expectation were rejected since no enforceable assurance of fixed quantities was shown, the MOU contemplated review/penalty for short lifting, and overriding public interest in preventing environmental hazard justified reduction; consequently, the reductions were upheld. Natural justice, non-speaking order, and mala fides challenges failed because prior communications evidenced notice, the counter affidavit merely furnished particulars of the stated reason, and third-party allotment was not shown to vitiate the decision; the contractual percentage and period reductions were sustained.</description>
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    <pubDate>Thu, 19 Apr 2007 00:00:00 +0530</pubDate>
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      <title>2007 (4) TMI 788 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=465563</link>
      <description>Writ relief under Article 226 was refused because the MOU governing fly ash collection was purely contractual and not &quot;statutory&quot; in character: the environmental notification required utilisation of fly ash but did not mandate allotment to any private party or any fixed percentage, and the competing claims on &quot;poor take-off&quot; versus diversion raised disputed questions of fact unsuitable for writ adjudication; the HC therefore declined interference and dismissed the petitions. Promissory estoppel and legitimate expectation were rejected since no enforceable assurance of fixed quantities was shown, the MOU contemplated review/penalty for short lifting, and overriding public interest in preventing environmental hazard justified reduction; consequently, the reductions were upheld. Natural justice, non-speaking order, and mala fides challenges failed because prior communications evidenced notice, the counter affidavit merely furnished particulars of the stated reason, and third-party allotment was not shown to vitiate the decision; the contractual percentage and period reductions were sustained.</description>
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      <pubDate>Thu, 19 Apr 2007 00:00:00 +0530</pubDate>
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