RANE VENTURES PVT. LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed the present writ petition calling into question an aerial survey report dated 07.05.2012 issued by the Survey of India (respondent no.5) and a letter dated 11.03.2014 issued by the Directorate of Sugar, Ministry of Consumer Affairs, Food and Public Distribution to Vijay Sawant Sugar & Agro Products Pvt. Ltd. (i.e. respondent no. 6), permitting it to continue with setting up a new sugar factory. The said aerial survey report dated 07.05.2012 and the letter dated 11.03.2014 are hereinafter referred to as the 'impugned aerial survey report' and the 'impugned letter', respectively.

(2.) THE controversy in the present petition relates to the permissions being accorded to respondent no.6 (hereinafter referred to as 'VSSAP') for setting up a sugar factory at village Shidvane, Taluka Kankawali, District Sindhudurg, Maharashtra. The petitioner is also desirous of setting up a new sugar factory at village Nag Sawantwadi, which is also situated in Taluka Kankawali, District Sindhudurg, Maharashtra.

(3.) PARAGRAPH 6B of the Control Order is also relevant inasmuch as it mandates that before filing the "Industrial Entrepreneur Memorandum"(IEM) with the Central Government, the concerned person shall obtain a certificate from the Cane Commissioner or Director (Sugar) or specified authority of the concerned State Government. In terms of paragraph 6B of the Control Order, after filing of the IEM, the concerned entrepreneur has to furnish a performance guarantee for implementation of the IEM within the time as may be stipulated.