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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 :
The petitioners are the companies engaged in the generation of solar power and have filed the present writ applications for quashing of the orders, dated 12.09.2022 and 26.09.2022, issued vide Memo Nos. SIPB/906 and SIPB/114, respectively, by the respondent-Director of Industries, Bihar and for a direction to the respondents to reimburse the interest subsidy of 2 per cent on the term loan of rupees 49.92 crores and 16.50 crores, respectively. The petitioners have further prayed for a declaration that the companies are entitled for the interest subsidy from the date of commercial production, i.e. 30.03.2017 and 28.02.2017 respectively till seven years, as provided under the Industrial Incentive (Amendment) Policy, 2014
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.
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