SWOSTI PREMIUM LTD Vs. STATE OF ODISHA

JUDGEMENT

(1.) Both the writ petitions, one filed by Swosti Premium Ltd., and other by Hotel and Restaurant Association of Odisha, are directed with common prayer to quash the order of Chief Secretary, Odisha dtd. 26/10/2021 along with different clauses of the Odisha Tourism Policy, 2016 read with operational guidelines issued thereof on 5/6/2017 and as such are involving common issues for decision. In addition to this, Swosti Premium Ltd. has further prayed to quash the order of the Director of Tourism rejecting his prayer to grant such incentives. The common issues involved in both the writ petitions are to the effect that, whether the migrated industrial units could be included to receive such benefits/incentives under the Odisha Tourism Policy, 2016 and the operational guidelines issued thereof. The crux of the issue is relating to insertion of a migration clause in the Odisha Tourism Policy, 2016 based on certain clauses mentioned in the Odisha Industrial Policy Resolution, 2015.

(2.) The Industrial Policy Resolution, 2015 (IPR 2015) was issued by the Government of Odisha covering different industrial sectors including concern of present Petitioners, i.e. Tourism and Hospitality Sector. The objective of IPR 2015 was to promote industrial development for setting up a business climate conducive to accelerate investment in industries and infrastructure projects and its prime objectives include, specifically, promotion of sectors in priority category such as Information Technology (IT) / Information Technology Enabled Services (ITES) / Electronic System Designing and Manufacturing (ESDM), Biotechnology, Agro, Marine and Food Processing, Tourism, Textiles and Apparel and automotive industries which offer strong images to employment generation and exports.

(3.) The main purpose was to maximize employment generation and enhance employability through industry oriented skill development and to encourage establishment of environment friendly and less polluting industries. For ready reference, the objectives of IPR 2015 as mentioned at Clause-2 of said resolution are reproduced below: