IMPORTANT POINT
Persons not approaching Court upon arising of cause of action but waiting for finality of adjudication in another analogous case in their favour and then filing writ petition after delay are not entitled to any relief.

Judgment

Amitava Roy, J.

1. All these appeals seek to impeach the decision rendered by the Guwahati High Court (Shilong Bench) in a batch of Writ Appeals preferred amongst others by the respondents herein being aggrieved by the dismissal of their respective writ petitions, questioning the refusal of the appellants to sanction financial assistance to them under the “Scheme of Promotion of Industries in North East” (SPINE) on the ground of delay and laches. By the determination made in the appeals, the grievance of the respondents has been redressed primarily on the basis of the adjudication made earlier by the same High Court in Writ Petition(C) No. 279 (SH) of 2007 since affirmed by this Court by Order dated 01-05-2009 rendered in SLP(C) 9578-9584/2009.

2. We have heard Dr. Abhishek Atrey, learned counsel for the appellant and Ms. N. Saikiya, learned counsel for the respondents.

3. The individual facts qua the respondents marginally vary and do not demand separate dilation in the face of the common issues that need to be addressed. Common arguments have also been advanced. The pleadings pertaining to Civil Appeal No. 3962/2011, Union of India and Ors. vs. Shri Hanuman Industries & Anr. would, therefore, be outlined for the factual foundation of the debate.

3.1 In the year 1997, a policy decision was taken by the Planning and Development Department, Government of India for promotion of industries in the North East Region, during the period of 9th Plan by providing inter alia a package of incentives to create an entrepreneurial environment. With this objective, a scheme nomenclatured SPINE, as above, was launched by the Ministry of Development of North Eastern Region, North Eastern Council, Shilong (for short DONER). In terms of the scheme, The North Eastern Council (NEC) was to provide to the newly set up industries to the extent of 25 per cent of the project cost or Rs. 50 lacs, whichever was less as deemed proper by the recommending authority on the fulfillment of the conditions stipulated therein. The Union of India, represented by the Ministry of DONER and the NEC were entrusted with the role of implementing the scheme.

4. In response to this scheme, which was apparently akin to a State policy, the respondents on various dates submitted their applications accompanied by necessary documents for setting up their industries as mentioned therein inter alia disclosing the investments made even by obtaining financial accommodation from banking institutions and otherwise. According to the respondents though their applications remained pending and they were made to understand that the same were being processed as per the norms applicable, it was noticeable, that the implementing authorities were adopting pick and choose methods in the matter of disbursement of the financial assistance to a selected few by overlooking their worthy claims.

5. It is a matter of record that another set of such applicants with the similar grievance had meanwhile instituted writ proceedings registered as WP(C) 279 (SH) to 285 (SH) of 2007 and eventually as adverted to hereinabove a Single Bench followed by a Division Bench of the Guwahati High Court had entertained the challenge made therein and the implementing authorities of the scheme were directed to process the applications of the said writ petitioners for grant of subsidy under it (SPINE) in accordance with law and for sanctioning the same to each of them, within a period of ninety days from the receipt of the copy of the judgment and order. To reiterate, this Court by its Order dated 01-05-2009 passed in SLP(C) 9578-9584/2009, declined to interfere with this adjudication.

6. Be that as it may, a learned Single Judge of the same High Court by judgment and order dated 07-10-2009, rejected the writ petitions filed by the respondents herein on the ground of delay and laches, the decision in the earlier proceedings notwithstanding. This determination, however, was reversed in the appeals filed by the responden