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1987 Supreme(Del) 334

H.C.GOEL, S.RANGANATHAN
MADHI VIBHAG KHAND UDYOG SAHAKARI MANDLI LIMITED – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
K.B.Soni, RAJINDER DUTT, S.N.KUMAR

S. RANGANATHAN, J

( 1 ) THE petitioner is a registered co-operative society. It is engaged in the business of manufacture of sugar and its bye-products at its factory at Madhi in District Surat in the State of Gujarat. Its installed capacity in 1967 was for crushing 1250 tons of sugarcane per day. This was stepped up since 17-1-1979 to 2500 tons per day under a licence dt. 27-12-1976. Since 1981, the petitioner, in circumstances to be set out later, expanded its capacity further and started crushing 3500 tons per day. This writ petition filed in July, 1985 raises two issues : (i) the petitioner s entitlement to registration in respect of the enhancement of the production capacity from 2500 to 3500 tons per day; and (ii) the petitioner s entitlement to certain incentives under an Incentive Scheme announced by the Government from the sugar year 1980-81, The background of legislation and facts relevant to consider these issues may now be stated. The manufacture of sugar is an industry regulated under the Industries (Development and Regulation) Act, 1951 (hereinafter referred to as the Act ). An undertaking engaged in the industry has to be either registered under S. 10 or licenced und






























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