1. The petitioner, an importer of rough marble blocks/slabs, challenges in this writ petition a circular dated 23rd October 2009 as well as notification dated 15th October 2009 issued by the Director General of Foreign Trade

(„DGFT?) imposing a condition that for the purposes of securing an import licence the Petitioner would have to install a gang saw machine in its unit.

2. The Petitioner is a sister concern of the Litoller Group which was a pioneer in importing Italian marble into India. The petitioner was issued an import license for the import of marble slabs/blocks on 12th October 1999. On 22nd January 2003 the DGFT renewed the Petitioner?s license for import of rough marble blocks/slabs. A conspectus of the DGFT Circulars on import of marble

3. In order to appreciate the challenge to the impugned circular, it is necessary to refer to the background in which it came to be issued. On 14th March 2002 the DGFT issued guidelines for import of rough marble slabs. It was clarified that the EXIM Facilitation Committee („EFC?) which was an Inter-Ministerial Committee comprising of representatives from various Ministries/Departments, would be considering the applic