SANGMESHWAR SUGAR LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard for final disposal by consent of parties.

(2.) The writ petition is filed under Article 226 of Constitution of India to challenge the orders made by Sugar Commissioner in matters of grant of Aerial Distance Certificate for starting private sugar factories. Copies of relevant record are produced by both the sides. Advocates of both the sides are heard.

(3.) The petitioner is a Sugar Factory registered under the Companies Act, 1956. For starting another sugar factory at Sonegaon, Yamainagar, Tahsil Jamkhed, District Ahmednagar, Maharashtra, the petitioner obtained Aerial Distance Certificate from Survey Office of Government of India on 10.6.2008 and on 21.6.2008 it applied for getting Aerial Distance Certificate from Commissioner of Sugar, Pune. As per Sugarcane Control Order, 1966 the aerial distance between two sugar factories is prescribed as 15 k.m. On 12.7.2008 respondent No. 2 Sugar Commissioner issued proclamation in "Daily Lokmat" newspaper to call for the objections. It is contended that no objections were filed by anybody, but the matter remained pending till the year 2010. One P.I.L. [Public Interest Litigation] No. 20/2006 was filed in Bombay High Court, Principal Seat and the High Court had granted stay to granting of permission by the State Government for new sugar factories in the State of Maharashtra. Subsequently, it was made clear that stay was not applicable to the matters in which the applications were made for starting private sugar factories. In P.I.L. No. 20/2006 three Civil Applications were filed (Civil Application Nos. 128/2009, 130/2009 and 137/2009) for giving direction to Sugar Commissioner to process and consider the applications made by the applicants for granting Aerial Distance Certificate to start private sugar factories. Order was made to issue such direction as similar order was made in Civil Application No. 81/2007 on 27.2.2008. The three Civil Applications came to be allowed on 21.1.2010. Writ Petition No. 3222/2010 was also pending at the Principal Seat and it was in respect of starting of private sugar factories. The previous P.I.L. Was in respect of co-operative sugar factories. This petition (WP No. 3222/2010) came to be disposed of on 16.4.2010 in following terms:-