SANJAY AYURVEDIC PHARMACY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and the learned Counsel representing the Respondent No. 1 as well as the learned Standing Counsel representing the Respondent Nos. 2 and 3.

(2.) PERUSED the record.

(3.) IN the aforesaid circumstances the amended rules were published in the Gazette on 23 -6 -2000 providing that they will come into force after two years. The learned Counsel representing the Respondent No. 1 has pointed out that in the aforesaid rules it has been clearly provided that the requirement of machinery, equipments, spaces, qualifications were to be subject to the modifications at the discretion of the Licensing Authority and if he was of the opinion that having regard to the nature and the extent of the manufacturing operations it was necessary to relax or alter, then in the circumstances of a particular case he was empowered to do so. A note to this effect had been put at the bottom of the amended rules which had been published in the Gazette on 23 -6 -2000. The record indicates that the Licensing Authority had informed the petitioners about the requisite modification etc. but the petitioners did not pay any heed. Subsequently they had been informed by the impugned notices that the amended rules will become effective from 23 -6 -2002, therefore, they should make the required changes before that date.