PRABANCHAL STEEL LTD Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This application has been filed under Article 226 of the Constitution for grant of power subsidy to the petitioner under 1982 scheme of the Govt. of Assam. The specific prayers in the writ application are for a direction to the respondents to grant incentive to the petitioner company under 1982 scheme as promised including the power subsidy and raise electricity bills on the petitioner at the subsidised rate of tariff @of 0.30 per unit as per the 1982 scheme and with a further prayer to adjust the excess payment already made to the Assam State Electricity Board.

(2.) In 1982 the Govt. of Assam, Industry Department published a scheme granting various incentives to new Unit establishing new Industries within the State of Assam. It is stated that the scheme was prepared and published by the State Govt. with the participation, approval and concurrence of the Assam State Electricity Board. 1982 scheme was first valid up to 31.3.85 but by resolution dated 11th June/1985 it was extended for a further period of 5 (five) years with effect from 1.4.85 to 31.3.90. The scheme interalia is as follows :

(3.) It is stated on behalf of the petitioner that acting upon the representation of the Govt. of Assam,, the petitioner No. 1 proposed to establish a Mini Steel Plant for production of MS Ingots, Steel Castings etc.. in Assam. The petitioner was duly registered and eligible certificate etc. was also issued. But it is stated that instead of giving the subsidy to the petitioner, the petitioner was charged by the State Electricity Board al: the normal rate of Rs. 1 instead of promised subsidy rate i.e. 30 p. per unit. The petitioner made representation from time to time but nothing was done . Hence, this writ application.