MOHAMMED IQBAL Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission.

(2.) In the instant petition filed as Public Interest Litigation, the Petitioner has challenged the excise policy/arrangement for the year 2011-12, whereby the State Government has modified the previous years arrangement and has adopted a new eligibility criterion of taking into consideration 80% production capacity mentioned in the D/1 distillery licence or two crores proof liters, whichever is lower for considering the tender for granting licence to supply spirit from bonded warehouses to retail sale contractOrs.

(3.) Learned Counsel for the Petitioner submitted that under the new excise policy the State Government by fixing 80% of the manufacturing capacity of any distillery of the State within the maximum limit provided therein is bound to violate the limit allowed by the M.P. Pollution Control Board in NOC/permission and thus it would violate the provisions contained in Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974, and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981.