M/S SIKKIM CONDUCTORS Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THE petitioner in the present writ petition claims to be a proprietorship firm engaged in the business of manufacturing Aluminium Conductor and is represented by its Constituted Attorney, who is one Shri Nandlal Jajware.

(2.) AS per the petitioner, the Government of India provided a package of incentives for the State of Sikkim and published a new Industrial Policy dated 23.12.2002, whereby, various concessions and fiscal incentives were provided to new industrial units including 100% Income Tax and Excise Duty exemption for a period of 10 (ten) years from the date of commencement of commercial production. This was published by the State of Sikkim through the Department of Commerce and Industries, vide Notification No. G.O./2/DI/2002-2003/901 dated 17.02.2003, which has been filed as Annexure P-2 to the writ petition.

(3.) IT stated that on the basis of such promises and assurances the petitioner came to the State of Sikkim and approached the concerned officers of the State-respondents and they encouraged the petitioner to set up its industrial unit in Sikkim. But as the process of setting up of an industrial unit entailed taking policy decision, the petitioner was asked to approach the Chief Minister of Sikkim.