DAMAN DISTILLERY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Learned counsel for the petitioners. Grievance of the petitioners is that the application of the petitioners for the grant of licence for manufacturing of rectified spirit and for modernisation of the plant has been rejected by the concerned respondents without giving petitioners an opportunity of hearing and without assigning reasons.

(2.) MR . Rafiq Dada, learned Additional Solicitor General appearing for the respondents, drew our attention to Ex.'E' page-74 of the writ petition, which is a communication dated 6.8.1976. On perusal of the same, it is obvious that licence of the petitioners for manufacture of rectified spirit was cancelled as back as in year 1976. It appears that some time in year 1988 or so, the petitioners applied for revival of the licence cancelled in the year 1976. The petitioners also made fresh application for grant of licence for manufacture of rectified spirit. The petitioners also applied for permission to modernise the existing plant. The said applications were rejected on the ground that since 1994 there was ban on grant of licence for manufacture of rectified spirit and/or expansion or modernisation of existing plant.

(3.) MR . Rafiq Dada, learned Additional Solicitor General appearing for the respondents stated before us that in view of the ban on establishment of such industries and/or modernisation or expansion thereof, it may not be possible for the respondents to revive the licence which was cancelled as back as in year 1976 and/or to grant new licence. However, he fairly stated before us that if the petitioners feel that they can satisfy the concerned authority about its right to get the licence and/or order for expansion and/or for modernisation despite notification dated 9.12 1994 or any other order of the Government, the respondents have no objection in giving them hearing and to pass speaking order in accordance with the law.