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DELHI HIGH COURT
VIBHU BAKHRU
Moser Baer India Ltd. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's entitlement to benefits under sez act. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding entitlements and o&m benefits. (Para 10 , 11 , 12 , 16) |
| 3. court's reasoning on o&m benefits eligibility. (Para 13 , 14 , 15 , 20 , 22) |
| 4. clarification on authorized operations under sez act. (Para 39 , 40 , 44 , 50) |
| 5. court's order setting aside disputed conditions. (Para 55 , 56) |
JUDGMENT
Vibhu Bakhru, J. The petitioner has filed the present petition under Article 226 of the Constitution of India impugning an order dated 28.12.2016 passed by the Board of Approval, whereby the petitioner's appeal against an order dated 18.04.2016 passed by the Unit Approval Committee, NOIDA SEZ was rejected. The petitioner also prays that the petitioner may be allowed benefits under Section 26 of the Special Economic Zones Act, 2005 (hereafter `the SEZ Act') in respect of maintenance and duty free imports of raw materials and consumables for operation and maintenance of the power plant (hereafter `O&M benefits'). In addition, the petitioner also prays that it should be allowed duty free transfer of surplus power generated by it to the Export Oriented Units (hereafter `E
An existing letter of approval cannot be retroactively deemed invalid by changing guidelines, and operation benefits under the SEZ Act must adhere to the granted authorisations.
Direction tore-demarcate is clearly not traceable to Section 26(2) of the SEZ Act.
A bare perusal of the scheme of SEZ Act, 2005 would indicate that this is an overriding special law to promote exports and to create specially carved out Economic Zones within the country, which can ....
Point of Law : Petitioner having licence to trade, storage of goods outside the SEZ area namely in a bonded warehouse, for the reasons stated earlier, cannot automatically confer power on the DRI Off....
State bound by SEZ policy promising octroi exemption to developers; must reimburse payments despite no municipal rule amendment, applying promissory estoppel as promise induced investment without pre....
The SEZ developer is required to make an application in accordance with the 2013 Regulations to qualify as a deemed distribution licensee. The condition stipulated in rule 3(2) of the 2005 Rules, as ....
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