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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA
Responce Renewable Energy Limited – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Industry, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioners are solar power companies. (Para 1 , 2 , 4 , 20 , 22) |
| 2. 2011 policy and 2014 amendment policy detail subsidy provisions. (Para 5 , 6 , 8 , 9) |
| 3. counsel argues for entitlement to interest subsidy. (Para 29 , 30 , 34 , 36) |
| 4. court reviews criteria for subsidy eligibility. (Para 41 , 42 , 45 , 46) |
| 5. petitioners fulfilled criteria for subsidy eligibility. (Para 53 , 54) |
| 6. court orders payment of interest subsidy. (Para 55 , 56 , 57) |
JUDGMENT :
2. I. A. No. 1 of 2025 has been filed in both the writ applications for amendment in the prayer for a direction to the respondent-State to disburse the amount of Rs. 5,57,84,700/- and Rs. 1,90,66,231/- respectively towards the interest subsidy for a period of 7 years from 01.04.2017 to 31.03.2024 and 01.03.2017 to 01.03.2024 respectively, and also to pay interest at the rate of 2 per cent upon the entire calculated amount.
BRIEF FACTS OF CWJC No. 16164 OF 2022
5. With a view to promote industrial development within the State of Bihar, the Government of Bihar formulated and notified the Bihar Industrial Incentive Policy , 2011 (herein after referred to as ‘2011 Policy’), promising various fiscal and non- fiscal incentive
The court affirmed that companies meeting criteria under the Bihar Industrial Incentive policies are entitled to interest subsidies from the commencement of commercial production, irrespective of pri....
Existing units commencing production before new industrial policy but not availing prior incentives eligible under amended transitional Clause 8(b); prior clearances create vested rights invoking pro....
The main legal point established is that the entitlement to subsidies under the WBSSIS-2008 should be determined based on the specific provisions of the Scheme, and the refusal of subsidies based on ....
The main legal point established in the judgment is the necessity for determining the real questions in controversy between the parties and the consideration of prejudice or injustice to the other pa....
The principle of estoppel prevents authorities from withdrawing subsidies once granted, especially when businesses have acted on the original policy.
The court established that the lack of explicit restrictions in the Bihar Industrial Incentive Policy, 2011 regarding the commencement of production prior to SIPB approval invalidated the denial of i....
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