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MICHAEL ZOTHANKHUMA
STAR CEMENT LIMITED – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Dr. A. Saraf, learned Senior Counsel assisted by Mr. P. K. Bora, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned Dy. SGI for the respondents.
2. The petitioner is a cement manufacturing company and prays that the petitioner should be given transport subsidy for transportation of Fly Ash under the Transport Subsidy Scheme, 1971 read with North East Industrial and Investment Promotion Policy (NEIIPP), 2007. Further, the Freight Subsidy Scheme, 2013 which was introduced, vide Notification dated 22.01.2013 should be declared inoperative against the petitioner, as the subsidy given for fly ash was done away with in the Freight Subsidy Scheme, 2013. The petitioner’s case is that with a view to promote industries in the North Eastern region of India, unveiled the North East Industrial and Investment Promotion Policy, hereinafter referred to as the NEIIPP, 2007, which was to be effective from 01.04.2007 for 10 years. The Transport Subsidy Scheme, 1971 ended on 22.01.2013, while the petitioner commenced commercial production of cement from 31.01.2013.
3. The petitioner’s case is that keeping in view the Transport Subsidy S
The doctrine of promissory estoppel does not apply when a government policy is modified in public interest, and entitlement to subsidies is contingent upon meeting specific conditions within the poli....
The court upheld the principles of promissory estoppel and legitimate expectation, ruling that the government must honor its prior subsidy commitments under the Transport Subsidy Scheme despite cance....
Grant of transport subsidy - Requirements - Court not find that subsidy scheme covers such a situation. Court have reproduced relevant portion of scheme. The term “selected area” is defined as to inc....
The government cannot retroactively change subsidy claims based on later communications that deviate from previously established entitlements, respecting the doctrines of promissory estoppel and legi....
Claims for transport subsidy under the Transport Subsidy Scheme, 1971 should be processed without undue delay, and rejections based on administrative lapses are not permissible.
Late filing of a writ petition regarding previously settled claims prohibits reconsideration, reaffirming the principle of finality in administrative decisions.
The main legal point established in the judgment is that the rejection of a claim for transport subsidy cannot be solely based on the ground of being time-barred, especially when the scheme itself do....
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