DALMIA CEMENT (BHARAT) LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner by way of the instant writ petition has assailed the action of the respondents in short sanctioning the claim of the petitioner company on account of transport subsidy under the Transport Subsidy Scheme, 1971, for the period 1/11/2011 to 31/3/2013. Further challenge is also made to the inaction of the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India in not issuing necessary clarification as sought for by the Government of Meghalaya.

(2.) It is the case of the petitioner that the short sanctioning of the claim was on the basis of a letter dtd. 4/10/2013, which was subsequently withdrawn and therefore, the petitioner was entitled to the full amount of transport subsidy as per the claim submitted.

(3.) Dr. A.Saraf, learned Sr. counsel on behalf of the petitioner has submitted that the claim of the company for the period 1/11/2011 to 31/3/2013 was considered by the 70th State Level Committee and vide letter dtd. 30/9/2013, the claim of the petitioner was sanctioned, though with a shortfall of Rs.4.61 crores. The reason he submits, was ascribed to a letter dtd. 4/10/2023, which had stipulated that subsidy is not admissible for transportation cost incurred for interstate movement of finished goods within the North Eastern States beyond the railway station nearest to the destination. It is then submitted that the petitioner company had then vide letter dtd. 5/12/2013, addressed to the respondent No. 7 pointed out that the date of claim application as well as the date of the 70 th State Level Committee meeting was prior to the letter dtd. 4/10/2013 and as such, there was no reason for the shortfall in payment.