NILAMANI PANY Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) This writ petition is under Article 226 and 227 of the Constitution of India, whereby and where under the decision taken by the opposite party no.5 under Annexure-11 dated 28.01.2002 has been sought to be quashed.

(2.) Brief facts of the case of the petitioner is that the petitionerunit is registered under the District industries Center, Dhenkanal on 6.11.1985 and was allotted a Registration Number bearing No.150510 PMT-OSI dated 6.11.1985. The unit has been taken as Small Scale of Industry as per the Industrial Policy of the State Government that was in vogue during the relevant period. The State Government has come out with the Industrial Policy Rules known as IPR made from time to time the Hotel Unit is taken as Industrial Unit for which it was necessary to make registration with the Industries Department and accordingly the District Industries Center were authorized to register such Unit as an Industrial Units so as to facilitate the benefit of the Industrial Policy of the State Government as extended from time to time of the State Government such as finance, Tax, Deduction, Moratorium benefit and that of electricity tariff. The petitioner-Unit has made an agreement for consumption of 56 K.W. per month and since the Hotel is taken as Small Scale industries unit, the electricity tariff meant for small scale industries were made applicable to the Hotel Units including to that of petitioner's unit. The petitioner-Company has also availed loan from the Orissa State Finance Corporation (in short 'OSFC') and while approved by the State Government under the Tourism and Culture Department as an approved Hotel of the State. Accordingly, the petitioner-unit is entitled to the benefit of the Industrial tariff rate as per the provision of Clause-21(5) of IPR to the effect that "Power supply to existing and new Hotels shall be made at the Industrial tariff rate of the Orissa State Electricity Board. The State Government has come out with different Industrial Policy, time to time as would be evident from the Industrial Policy Resolution, 1992 and Industrial Policy Resolution, 1996.

(3.) As per the Industrial Policy, 1992 under Clause 4.2, the provision has been made that the industrial unit is covered under the earlier policy resolutions shall continue to enjoy the incentives admissible under the relevant I.P.R. for such periods as are mentioned there, not only that, Clause 17 of the IPR, 1992, provided for promotion of tourism in the State of Orissa, new Hotels/Motels/way side amenities centers will be eligible for supply of power at Industrial tariff of the O.S.E.B. provided such units to satisfy the norms and conditions stipulated by the State Government. Hence, in view of the said provision, the petitioner-unit which was registered under District Industries Center, Dhenkanal as an industry was enjoying the power supply at industrial tariff and was having no problem in any manner, the Orissa Tourism policy, 1997 also extended Clause-14, the same benefit to the hotel units, hence the petitioner has approached to the authorities to extend the benefit of industrial tariff to the hotel units but the same has been rejected while the decision taken by them under Annexure-11 dated 28.01.2002 of the writ petition, which is impugned in the instant writ petition.