MAHADEV MARMO PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, the petitioner seeks to have declared illegal, arbitrary and unconstitutional, the following words in Policy Circular No. 13 (RE-2008) dt. 30-6-2008 produced with the writ petition as Annexure-4 "units who have been granted marble block import licence under previous licensing years or are eligible to avail licence in the current licensing year (2008-09) under SIL category". Other relief as claimed is, that the petitioner may be declared entitled to avail import licence under Annexure-4.

(2.) Necessary facts are, that according to the petitioner, in exercise of powers conferred by Section 5 of Foreign Trade (Development and Regulation) Act, 1992, the concerned Ministry published Foreign Trade Policy 2004- 2009, incorporating the provisions, relating to export and import of goods and service. Then, the Director General of Foreign Trade, New Delhi has issued annual supplement for the year 2007-08 and 2008-09, and the said Director General issued a Policy Circular No. 1 (RE-2007) dt. 26-7-2007, issuing guidelines for import of rough marble blocks/slabs for the year 2007-08, laying down the entitlement or quota of import of rough marble blocks, subject to ceiling provided therein, however, out of the said quota, individual importers were allocated their share of total quantity of import. Accordingly, the petitioner has been availing the quota. This licence was issued to the petitioner for import, under Special Import Licences (SIL). It is alleged, that till the year 2007-08, the import licences have been issued, only under SIL, and there was no policy for entrepreneurs, other than those availing licence under SIL.

(3.) It is then alleged, that for the year 2008-09, the Director General issued Policy Circular No. 12 dt. 27-6-2008, laying down guidelines for import of rough marble blocks for the year 2008-09, and the upper ceiling of the total import was fixed at 1.40 lacs metric ton. This Circular has been produced as Annexure-3. Then, the said Director also issued a Policy Circular No. 13 dt. 30-6-2008, in addition to the previous guidelines, according to which, units, who have been granted import licences under SIL, or who are eligible for avail licences, in the current year, under the SIL, have been excluded. It is also alleged, that quantity of licence or entitlement of licence thereunder, is in accordance with gang saw machines installed in the premises. This Circular No. 13 has been produced as Annexure-4.