HOTEL WAMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) IN respect of the captioned matters, we have before us two points of view expressed by two single judges of this court. The six (6) LPAs being LPA Nos. 952/2011, 33/2012, 34/2012, 35/2012, 36/2012 and 74/2012, are directed against order dated 02.06.2011 passed by Dr. Justice S. Muralidhar, while WP(C) No. 7150/2011 has been referred to us for adjudication vide order dated 27.09.2011 by virtue of an order passed by Mr Justice Rajiv Sahai Endlaw.

(2.) IN so far as Dr. Justice S. Muralidhar is concerned, he allowed the writ petitions from which the present six (6) LPAs arise vide his order dated 02.06.2011, while Mr Justice Rajiv Sahai Endlaw having differed with the view of Dr Justice S. Muralidhar, as indicated above, after recording short reasons referred the said writ petition to the division bench for a final view in the matter.

(3.) WE are in these matters concerned with a scheme formulated on 07.12.2007 (in short the 2007 scheme) by the DOT, under aegis of the GOI. However, in order to appreciate the provisions of the 2007 scheme, one would have to broadly advert to the earlier schemes put in place since, the 2007 scheme is only, a revised version of the earlier schemes; the general terms and conditions remaining the same. Therefore, firstly, we intend to indicate the broad background in which the 2007 scheme came to be formulated.