RIMJHIM STAINLESS LTD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr.V.K.Upadhya, learned Senior Counsel assisted by Mr.Ritvik Upadhya, Mr.Shailesh Kumar and Mr.Rajesh Tewari, learned counsel for the petitioner as well as Ms.Bulbul Godiyal, learned Additional Advocate General and Mr.Gaurav Mehrotra, learned counsel for the respondents.

(2.) The State Government had issued certain guidelines to reflect the transparency as also to implement those guidelines conveniently for establishment of the Industries particularly which had invested a capital of more than 10 crores vide Government Order dated 30 November 2006. The State Government order had also defined the certain terms with regard to establishment of Industries. It had defined the term "eligible unit" which means such Industrial unit which in the process of its set up has completed the initial activity after 31 May 2006 and has invested the minimum of Rs.100 crores as fixed capital investment or additional fixed capital investment till the appointed date. The appointed date was defined as a date of starting of production fixed by Government Order dated 1 June 2006 from 31 May 2009 or a date as amended time to time. The term "initial activity" was also defined as the initial activity means one or more following processes had been completed for establishment of Industrial Unit:-

(3.) The scheme had also laid down the provisions to issue a 'Letter of Comfort' with regard to the eligibility of the unit. It had provided that the desired entrepreneurs shall submit their proposal alongwith necessary details to the Nodal Agency. The Nodal Agency after examining the details shall submit the proposal to the High Powered Committee for its consideration and if the High Powered Committee accepts the proposal, the Nodal Agency shall issue a letter of comfort to the eligible unit.