SIMBHAOLI SUGAR MILLS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the petitioner has challenged the letter of intent granted by the Government of India to one Mr. K.K. Bajoria (respondent No.5 in the writ petition) on 7th August, 1990 for the purposes of establishing a new sugar factory at a place called Agauta, District Bulandshahr, U.P. with crushing capacity of 250 Tonnes Cane Crushing Per Day (hereinafter referred to as "I'CD').

(2.) The tacts of the case as briefly stated are that the petitioner is a company registered under the Companies Act, 1956 and is having a sugar factory at Simbhaoli, District Ghaziabad, U.P. Prior to 1982 the licensed crushing capacity of the petitioner's factory was 2000 TCD. In the year 1982 this crushing capacity was raised to 2750 TCD. On 29th December, 1989 Government of India granted licence to the petitioner for expansion of its crushing capacity from 2750 TCD to 5000 TCD. It may be pointed out here that in June 1990 the petitioner had filed an application for further expansion of its crushing capacity from 5000 TCD to 10000 TCD and this application is pending for consideration with the Government of India.

(3.) On 5th April, 1990, respondent No.5 applied under section II of the Industries (Development & Regulations) Act, 1951 (hereinafter referred to as 'the Act') for grant of a licence for installing a sugar factory with a crushing capacity of 4500 TCD at a place called Agauta, district Bullandshar. The aforesaid application was received by the Directorate of Sugar on 10th April, 1990.