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IN THE HIGH COURT OF DELHI AT NEW DELHI
SACHIN DATTA
Sai Fertilizers Private Limited – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SACHIN DATTA, J.
1. The present petitions have a chequered history inasmuch as a total of six writ petitions (including the present petitions) have been filed in respect of the same cause of action. The factual background is set out briefly hereunder.
2. The petitioner is a MSME Undertaking, manufacturing Single Super Phosphate (SSP) Fertilizer in West Bengal, India. The petitioner acquired the requisite license for the sale of the said fertilizer under the Fertilizer Control Order, 1985 (hereinafter referred to as ‘the FCO’). By virtue of an Office Memorandum dated 10.09.2007, the petitioner was inducted into a Concession Scheme dated 01.10.1992, which was subsequently substituted by the Nutrient Based Subsidy Scheme (hereinafter referred to as ‘NBS Scheme’).
3. As a manufacturer, the petitioner sells its products in the open market at the rates prescribed by the Government of India and receive subsidy under the NBS Scheme.
4. The petitioner’s premises were inspected on 20.12.2023 and 21.12.2023, whereupon an inspection report came to be prepared. Based on this report, a show cause notice dated 03.01.2024 came to be issued. However, a copy of the inspection report was not sh
The court reaffirmed that procedural fairness and adherence to guidelines are essential in administrative actions related to subsidy eligibility, mandating a fresh hearing and review process.
The cancellation of a Letter of Authorization under the Fertilizer Control Order requires substantiated evidence, and disregarding laboratory test results violates procedural fairness and relevant le....
The petitioner was denied statutory rights of referee analysis per the Fertilizer Control Order, necessitating procedural adherence for fairness.
The court affirmed the petitioner's entitlement to an export subsidy under the Government Resolution, emphasizing equal treatment under Article 14 of the Constitution.
Liability for sub-standard fertilizer lies with the manufacturer, not the marketing company, especially when samples are taken from sealed packets.
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