NORTH EASTERN TUBES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. A. K. Bhattacharyya, learned Senior Counsel, assisted by Mr. K. Agarwal, appearing for the petitioners, Mr. N. Bora, learned Central Government Standing counsel appears for respondent Nos. 1 and 2. Also heard Mr. G. Soren, learned Govt. Advocate, who represents the respondent No. 6.

(2.) THE petitioner No. 1, a public limited company and the petitioner No. 2, one of the Directors of petitioner No. 1, are before this Court to challenge the communication dated 11. 06. 2002 (Annexure-42) of the Government of India and also the communication dated 03. 08. 2005 (Annexure-41) of the Director of Industries, Assam, whereby the claim for transport susbsidy from Siliguri (West Bengal) to the nearest rail head (Guwahati), of the petitioners industrial unit located at Paschim Boragaon, Guwahati, for the period 01. 07. 1998 to 10. 01. 2001 has been rejected by the respondent authorities. The petitioners are also seeking further direction for sanction and disbursal of the transport subsidy claim of the petitioners for movement of raw materials from Siliguri to the Guwahati stockyard of the manufacturers.

(3.) UNDER the scheme new industrial units which have been set up and have commenced production during the validity of the scheme were also declared eligible to the benefits under the scheme. It is not in dispute that the petitioners industry is located in the selected area (A), notified under the scheme which comprises all the States of the North-East region. In the instant case, the claim of the petitioners, is with regard to securing of raw materials described as HR. Coil, fine etc. which are procured by the Company from the Steel Authority of India Ltd. (SAIL) and Tata Iron and Steel Company (TISCO), which have their manufacturing units at Bokaro, Jamshedpur (Jharkhand) and Durgapur (West Bengal) respectively.