BASF INDIA LTD. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has assailed the order dtd. 10/9/2019 passed by the Appellate Authority- respondent No.2, whereby appeal filed by the petitioner-company under Clause 32-A (2) of The Fertilizer (Control) Order, 1985 (for short The Order') has been dismissed on the premise that contents of the sample were found to be zero against the specification of 12% of Chelated Zinc as Zn-EDTA.

(2.) On the basis of aforesaid report given by the State Laboratory, the Appellate Authority has observed that any reference analysis in a different laboratory will provide scope for manipulation which is not in public interest.

(3.) Learned counsel for the petitioner submits that against the analysis done by the State laboratory, right hasbeen given to the petitioner-company under Clause 32-A (2) of The Fertilizer (Control) Order, 1985 to file an appeal before the Appellate Authority appointed under Sub Clause (1) of Clause 32-A (2). Reference has also been made to Clause 29-B of the said Order. The remedy is statutory remedy under The Fertilizer (Control) Order. 1985 and cannot be taken away by mere apprehension as shown by the Appellate Authority. As per Clause 32-A (2) of The Fertilizer (Control) Order, 1985, any person aggrieved by the analysis report of fertilizer testing laboratory notified by the State Government, may appeal to the Appellate Authority appointed under Sub-Clause (1) for reference analysis of such sample within 30 days from the date of receipt of analysis report.