OM ISPAT, THROUGH ITS PARTNER SHRI JITENDRA KUMAR KUCHHAL CAMPUS IQBALPUR SUGAR MILLS Vs. SECRETARY, INDUSTRIAL DEPARTMENT, GOVERNMENT OF UTTARAKAND, DEHRADUN

JUDGEMENT

(1.) THE Division Bench finding itself unable to agree with the decision of another co -ordinate bench has referred the matter to a larger bench and that is how the matter has come up before us.

(2.) THE brief facts leading to the filing of the writ petition is, that the Government of India, Ministry of Commerce & Industry (Department of Industrial Policy & Promotion) issued a New Industrial Policy dated 07.01.2003 providing fiscal incentives to new industrial units and to existing units on their substantial expansion. Clause 3.1 of the Policy provided the following package, namely: Iscal Incentives to new Industrial Units and to existing units on their substantial expansion:

(3.) UNDER Clause 3.5 of the Policy, a nodal agency for routing the subsidies under various schemes under this policy was required to be notified separately. Subsequently, vide notification dated 06.03.2003, the State Industrial Development Corporation of Uttaranchal (SIDCUL) was notified as the nodal agency for the State of Uttaranchal for routing the said subsidies / incentives under the New Industrial Policy.