JUDGMENT

Kapadia, J.—Leave granted in petitions for special leave.

2. In this batch of matters we are required to interpret Press Note No.12 dated 31.8.1998 issued by Government of India, Ministry of Industry, concerning de-licensing of Sugar Industry.

3. For the sake of convenience we state the facts occurring in Civil Appeal No. of 2007 arising out of S.L.P. (C) No.7690 of 2006 – M/s. Ojas Industries (P) Ltd. Versus M/s. Oudh Sugar Mills Ltd. & Others.

Proliferation of Industrial Entrepreneur Memorandums to block competition is the cause of dispute.

On 31.8.98 Government of India (for short, ‘GOI’) decided to delete sugar industry from compulsory licensing under the Industries (Development and Regulation) Act, 1951 (For short, ‘1951 Act’). In that Press Note No.12, GOI clarified that in order to avoid unhealthy competition among sugar factories to procure sugarcane, a minimum distance of 15 KMs has to be observed between an existing sugar mill and a new mill (factory). Further, the entrepreneur who desires to avail of the de-licensing of sugar industry was required to file an Industrial Entrepreneur Memorandum (for short, ‘IEM’) with the Ministry of Industry. In the said Press Not