2016 (9) TMI 1307

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....er appropriate writ, order or direction holding that the petitioner is entitle to full benefit as per the Incentive Scheme, 2001 for Economic Development of Kachchh District which is announced by the Industries and Mines Department, State of Gujarat through its Resolution No. INC-10200-903-1 dated 9.11.2001; (C) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted." 2. The brief facts arise from the record are as under: That the petitioner is a Private Limited Company registered under the provisions of the Companies Act, 1956. The Company is in the business of manufacturing several industrial products. Pursuant to major earthquake on 26.01.2001 in the St....

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....3. Pursuant to the notice issued by this Court, the respondent has filed affidavit-in-reply on 25.03.2014 and opposed grant of any relief. The affidavit-in-rejoinder dated 05 .12.2015 has been filed by the petitioner. 4. Mr. Apurva Vakil, learned advocate for the petitioner would submit that the High Power Committee has not passed the impugned order in accordance with the direction issued by this Court while disposing of the earlier writ petition being Special Civil Application No.14445 of 2011. He would submit that High Power Committee was asked to consider two aspects, namely, the request to consider the case of the petitioner as Pipeline as well as to consider application/ representation filed by the petitioner for granting benefit fo....

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....etitioner and ought to have granted the benefit for a period of 18 months and not the period from 15.09.2005 (i.e. the date of manufacturing) to 31.12.2005 (i.e. the date of completion of Scheme) 4. He would further submit that the decision taken in the meeting held on 24.01.2013 by the High Power Committee, which is produced by the respondent, is without application of mind since the authority has not dealt with the case in detail since the Committee has observed that the case of the petitioner is pending before the High Court, though the petition was disposed of by this Court on 13.07.2012. He further submits that it is a non-application of mind by the respondent Committee while considering the case of the Petitioner. He has, therefore....

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.... under Clause 3.8 of the Policy dated 09.11.2001. 7. It is pertinent to note that while disposing of the writ petition being Special Civil Application No.14445 of 2011, the following direction have been issued by this Court:- "6. In light of the details mentioned in paragraph No.9 particularly the fact that Industries Commissioner has submitted proposal which is pending before the High Power Committee headed by the member of High Power Committee, necessary policy decision will be taken as expeditiously as possible but not later than six months. 7. In light of the said submission by learned AGP, Mr. Joshi, learned advocate for the petitioner submitted that the petitioner will be satisfied with appropriate observation and....