WELSPUN ANJAR PIPES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have filed these two petitions under Article 226 of the Constitution of India praying for the declaration that the impugned Circular dated 30. 06. 2008 is ultra-vires the provisions of Special Economic Zone Act, 2005 and the Special Economic Zones Rules, 2006 and the provisions of Section 12 of the Customs Act and/or Article 14, 19 (1) (g), 265 and 301 of the Constitution of India. The petitioners have also sought for the direction to the respondents not to levy and/or collect export duty on iron and steel products procured by the petitioners from DTA suppliers for authorised operations within the Kandla SEZ notified by notification. They have also challenged the notification No. 66/08 Cus dated 10. 05. 2008 as amended by Notification No. 77/08 Cus dated 13. 06. 2008 in respect of DTA supplies to SEZ.

(2.) THIS Court has issued rule on 01. 12. 2008 making it returnable on 17. 12. 2008. Pursuant to the same, Mr. P. S. Champaneri, learned Assistant Solicitor General appears for the respondents.

(3.) MR. Hardik P. Modh, learned advocate appearing for the petitioners submits that the issue involved in the present petitions is squarely covered by the decision of this Court delivered in Special Civil Application No. 9656 of 2008 and other cognate matters decided on 04. 11. 2009. He has, therefore, submitted that the present two petitions may also be disposed of on the same line and the relief granted by this Court in the said group of petitions should also be granted to the present petitioners.