MESSRS ANITA EXPORTS Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under article 226 of the Constitution of India, the petitioners have challenged the decision of the second respondent - Board of Approval, New Delhi taken in its 84th meeting held on 5.10.2018 (Annexure "O" to the petition), whereby it has rejected the proposal for extension/renewal, and prays for all consequential benefits and reliefs including renewal and extension of the petitioners' Letter of Approval.

(2.) The facts of the case stated briefly are that the petitioner firm was granted Letter of Approval (LoA) dated 15.5.1996 by the respondent authorities permitting the petitioner to function within the Special Economic Zone (SEZ) for manufacture of plastic bags etc. out of plastic waste/scrap. The Letter of Approval was amended from time to time permitting the petitioner firm to manufacture reprocessed plastic agglomerates out of the waste and scrap, and also permitting the petitioners recycling/re-conditioning of old and used clothing.

(3.) Mr. Paresh Dave, learned advocate for the petitioners, submitted that the decision of the Board of Approval not to accede to the petitioner's request for renewal of Letter of Approval for extension of recycling of plastic waste and scrap is wholly illegal and without jurisdiction and also contrary to the specific directions issued by this court for reconsideration of its case. It was submitted that when the petitioner's case was placed back before the Board of Approval pursuant to the direction issued by this court and the Board of Approval was directed to reconsider the petitioner's case to examine the similarity with other existing units which were granted renewal despite being non-operational for a long period, the Board of Approval was bound to reconsider the petitioner's case from that angle; but the Board of Approval has not only acted without jurisdiction but also unreasonably and arbitrarily in not following the direction issued by this court.