JUDGMENT

The Court:

1. The respondent no.1 is a Government Company, acting as a Nodal Agency of the Government of West Bengal for industrial development in the State.

2. Pursuant to setting up of a power generation and manufacturing unit at Jorehira, Bankura, West Bengal in 2007, the petitioner no.1 became eligible for several incentive schemes prescribed by the Government of West Bengal as per the West Bengal Industrial Scheme, 2004 (for short 'WBIS 2004').

3. In 2005, the State had also assured the power incentive scheme to manufacturers having an industrial unit where power is one of the major cost components of the same under the West Bengal Industrial Power Incentive Scheme, 2005 (in brief 'WBIPS 2005').

4. The petitioner no.1 invested Rs.44 crore in setting up the industrial unit, which was duly registered. Under the scheme of 2004, a unit can avail subsidy under the WBIS 2004, though not more than the actual fixed capital investments made in their unit or the expansion unit.

5. Subsequently, on request from the petitioners, the Chief Engineer, Central Commercial Department, WBSEDCL duly recommended that the petitioner is entitled to an incentive amount under WBIPS, 2005 for the pe