SARDA PLYWOOD INDUSTRIES LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) All these Civil Rules involve common questions of law and facts and therefore, I propose to dispose of the Civil Rules by a common judgment and order.

(2.) In all the Civil Rules the petitioners have challenged the action of the respondents, namely, the State Government in not disbursing the transport subsidy which the petitioners claim to be entitled to as per the Transport Subsidy Scheme of 1971.

(3.) The facts for the purpose of disposal of these Civil Rules may be narrated as follows :- In order to promote the growth of industries in different parts of the country the Government of India made a scheme known as "Transport Subsidy Scheme, 1971" and a notification was issaied to that effect. This Scheme came into force on various dates from 15.7.71 to 5.12.77 and it was extended from time to time and the last extension period came to an end on 31.3.95. Pursuant to the said Scheme the petitioners acted upon and thereafter made claim for subsidy. All the petitioners received transiport subsidy for certain period thereafter, disbursement has not been made though sanctioned. As per the Scheme, so far the State of Assam is concerned, the essential procedure to be followed for grant of transport subsidy is that the eligible unit is to submits its claim with all relevant data duly certified by a qualified Chartered Accountant to the District Industries Centre where the claims are checked and verified. Proper claims are, thereafter, passed and placed before the State Level Committee for its consideration. Such claims after sanction by the State Level Committee are disbursed to the concerned unit through various agencies like Assam Financial Corporation, Assam Industrial Development Corporation, etc. So far the petitioners are concerned, there is no dispute as regards their eligibility to receive the transport subsidy. In the meetings of the State Level Committee held on various dates different amounts had been sanctioned in favour of the petitioners. However, the said amounts have not been paid to the petitioners. Hence the present petitions.