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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA
ACME Nalanda Solar Power Private Limited – Appellant
Versus
State of Bihar through the Secretary, Department of Industries, Government of Bihar, Patna – Respondent
JUDGMENT :
1. Since both the writ petitions involve identical questions of law and arise out of a common factual matrix, with the con- sent of the parties, both petitions were heard together and are being decided by this common judgment/order.
2. The present writ applications have been filed seeking declaration that the petitioners were eligible to avail incentives under the Bihar Industrial Investment Promotion Policy, 2016 (in short ‘BIIPP-2016’) on the ground that the petitioners have not availed any incentive or benefit either under the Bihar In- dustrial Incentive Policy, 2011 (in short ‘BIIP-2011’) or under BIIPP-2016 including as permitted under Notification No. 4571 dated 14.10.2022.
3. The petitioners have further prayed for quashing of the rejection letters dated 03.11.2023, 30.12.2023, 21.10.2023 and 12.07.2024 issued by the State Investment Promotion Board (in short “SIPB”) and for a direction upon the respondents to process the petitioners’ applications for interest subvention sub- sidy and reimbursement of stamp duty and registration fee under BIIPP-2016.
CWJC No. 63 of 2025 - ACME Nalanda Solar Power Private Limited vs The State of Bihar & CWJC No. 19772 of 2024 - ACME M
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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....
The absence of a cut-off date in the Special Mega Package allows entitlement to incentives regardless of the commercial production start date relative to the previous policy's expiry.
The court established that clear definitions and justifications are essential in administrative decisions regarding subsidies under incentive schemes.
A new industrial unit under the industrial policy of 1989 is established if fixed capital investments occur post-effective date, independent from existing units; prior subsidies do not limit new unit....
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