BILY CHEMICALS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitions involve similar question of facts and law, they therefore have been heard together and are disposed of by this common order.

(2.) Facts as emerging in Special Civil Application No. 12949/2000 can be noticed. The Petitioner is a company involved in the activity of manufacturing salt as its operations in Jamnagar District, of State of Gujarat. Previously the factory for manufacturing salt was owned and operated by Saurashtra Cement & Chemical Industries Ltd. Premises of the factory were obtained on lease from the State Government. Such lease was transferred by M/s. Saurashtra Cement & Chemical Industries Ltd. in favour of the M/s. Ballarpur Industries ltd. in the year 1972 with permission of the State Government. Eventually M/s. Ballarpur Industries Ltd. transferred its rights with respect to the said unit including the leasehold rights on the land in question in favour of the Petitioner on or around 11.7.2000. Lease agreement and license which the Petitioner inherited from its previous unit both contained certain clauses to control salt manufacturing activities. License under which the Petitioner operated contained an additional clause which reads as under:

(3.) Corresponding provision was also made in the agreement of lease. Relevant clause whereof reads as follows: