STAR LAMINATES PRIVATE LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner being aggrieved by an order made by Joint Industries Commissioner dated 4/3/1986 has filed this petition with a prayer to issue a writ of mandamus directing the respondents to entertain the application of the petitioner company for grant of Cash Subsidy.

(2.) The relevant facts which are required to be considered for disposal of this petition are as under.

(3.) The petitioner No.1 - Star Laminates Pvt. Ltd. is engaged in manufacture of decorative and industrial laminated sheets. In view of the policy known as Cash Subsidy annexed to the petition at Annexure-A (Resolution of Government of Gujarat, Industries, Mines and Power Department dated 22/12/1977), the petitioner approached respondent Nos. 2 and 3 by making an application at Annexure-B/1 on 21/10/1982 for Cash Subsidy on the ground that the petitioner-company has purchased standby unit and is entitled to Cash Subsidy. From the record, Mr.S.N.Thakkar, Learned Advocate appearing for Mr.Nanavati for the petitioner submitted that the project was put up somewhere in the year 1978 and the production commenced by the end of 1979. Against the investment made by the petitioner at the relevant time, as per the scheme, Cash Subsidy was granted. Learned counsel submitted that by an application annexed to the petition at Annexure B/1 it was pointed out that the registration was granted to the petitioner unit on the basis of total investment of land, building and plant / machinery to the tune of Rs.1,19,80,000/= which was divided as under :- Land and Building Rs. 27,50,000/= Plant and Machinery Rs. 92,30,000/= ---------------- Total Rs.1,19,80,000/= ---------------- It is admitted position that in the year 1979 as the petitioner erected a unit, Cash Subsidy to the tune of Rs.9,85,856.00 was granted @15% as per policy. By the aforesaid letter, the petitioner addressed the authority that as on 30/9/82 investment of land, building, plant and machinery works out to Rs.91,95,013.84, detailed as under:- Land Rs. 3,36,110.00 Building Rs. 22,98,121.16 --------------- Rs. 26,34,231.16 Plant and Machinery Rs. 65,60,782.68 ----------------- Total Rs. 91,95,013.84 -----------------