MIDAS ORCHID Vs. DEPUTY DIRECTOR, THE NATIONAL HORTICULTURE BOARD, MINISTRY OF AGRICULTURE & FARMERS WELFARE, GOVERNMENT OF INDIA

JUDGEMENT

(1.) We have heard Ms.L.Maithili, learned counsel for the appellants; Ms.Rathidevi, learned counsel for M/s.Rathidevi Associates, learned counsel for respondents 1 and 2; and, Mr.A.Rahul, learned counsel for M/s.V.Kamalakumar, learned counsel for the third respondent.

(2.) The present appellants/original writ petitioners have filed the writ petitions challenging the communication rejecting the request of the appellants for grant of the entire subsidy amount. The writ petitions filed by the appellants were dismissed. Aggrieved thereby, the present writ appeals.

(3.) The appellants are engaged in the cultivation of Orchids. Subsidy is provided by the Government to the said project. The appellants submitted a detailed project report. The applications of the appellants were approved for subsidy cover to tune of 50% of the project cost, which was capped at Rs.112.00 lakh. A sum of Rs.56.00 lakh was released for payment to the appellants on completion of the project in accordance with the Detailed Project Report. A joint inspection was conducted by the members of the first respondent along with the appellants and the third respondent. The joint inspection team accepted the project cost shown by the appellants and opined that the project was in consonance with the Detailed Project Report and recommended for grant of subsidy as per the National Horticulture Board (NHB) guidelines. However, subsequently, the same was reduced by the first respondent on the ground that the shade net structure was not made out of the material prescribed in the project report. The Grievance Redressal Committee directed refund of excess subsidy to the tune of Rs.14.5 lakh against the appellants. The learned Single Judge did not accept the contention of the appellants and rejected the same. Aggrieved thereby, the present appeals.