IMPERIAL OVERSEAS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in each petition, who are in the business of manufacturing recycled plastic raw material from the imported plastic scrap since years together, have challenged a Policy dated 17.9.2013 issued by the Ministry of Commerce and Industries, Department of Commerce - Government of India (SEZ division) by which several conditions have been imposed upon the existing plastic raw material manufacturing units, mainly on the ground that the Policy is contrary to provisions of The Special Economic Zones Act, 2005 (in short 'SEZ Act') and The Special Economic Zones Rules, 2006 (in short 'SEZ Rules') and also on the ground of having not followed the procedure prescribed under the SEZ Act and SEZ Rules for imposing or issuing guidelines as per Section 5 of the SEZ Act as referred in the Policy itself.

(2.) Pursuant to the notice issued by this Court, the respondents have filed their affidavits-in-reply and opposed grant of any relief. Rejoinders thereto have also been filed by each of the petitioners.

(3.) Since the issues involved in these petitions are common, facts of each petitions are not referred date wise and the same have been dealt in general.