I.A. Ansari, J.

1. In consequence of an industrial policy of the State Government inviting setting up of industries promising, in return of setting up of industries, exemption from payment of sales tax on the raw materials to be used by the industry as well as on the finished product of the industry for a specified period of time, when a person sets up an industry, can the Finance Department of the State Government refuse to exempt the industry from payment of sales tax on the ground that until requisite notification is issued under the relevant statute, the industry, in question, would not be entitled to exemption from payment of sales tax ? Can, in such a case, the State Government take the stand that since no notification, in terms of the promises made by the Government, has been issued under the relevant statute, the industry is not eligible to claim exemption from the sales tax? Can, in such a case, the promisee, who has set up the industry acting upon the promises made by the Government, seek enforcement of the promise against the Government ? Is it necessary for the doctrine of promissory estoppel to be applicable that the promise shall not only be permissible under the law to be made by the Government but that the promise must have been made by the Government in terms of the procedure prescribed by the relevant statute ? For application of the doctrine of promissory estoppel, whether existence of legal relationship between the promisor and the promisee is a condition precedent ? Can, in the interest of public, the Government resile from the promise made by it under an industrial policy and if so, what are the limitations on the exercise of such a choice by the Government? Is it enough if the Government decides that in the interest of the public, the Government shall resile from the promise or is it the court, who has the ultimate responsibility to determine if the public interest is so overriding that such public interest shall prevail upon the promise made by the Government and shall permit the Government to withdraw from the promise that it had made ? Can a mere plea that the overriding public interest permit the Government to resile from the promises made by it is sufficient or the Government has the onus to produce requisite materials before the court to satisfy its judicial conscience that the public interest is so overwhelming that the Government shall be allowed to resile from the promises made by it ? In the absence of public interest, is it possible for the Government to resile, under any circumstances, from the promise that it had made ? If so, when such act of withdrawal of the promise would be permissible ? Can, under the scheme of governance, which the Constitution of India perceives, the Finance Department of a Government or even the State Government be permitted to act contrary to the industrial policy announced by the Government or can the Government seek to resile from the promises that it had made on the ground that since no notification has been issued in terms of the relevant statute, the promise made by it has not become irrevocable ? Can, in such a case, the Government take the plea that the promisee ought to have known that the promise made by the Government would not be enforceable against it until requisite notification, in terms of the promises made under the industrial policy, is issued under the relevant statute ?

These are some of the vital questions, which the present writ petition has raised.

2. Before my quest for determining the answers to the questions posed above commences, let me take note of the material facts and chronological events, which have led to the making of the present writ petition.

3. The material facts and the chronology of events, which have led to the present writ petition, may, in brief, be set out as follows:

(i) By notifications, dated April 6, 1991 and July 1, 1992, the Government of Assam announced its Industrial Policy of 1991 with the object of encouraging g