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2011 Supreme(Raj) 2596

VINEET KOTHARI
Shree Cement Ltd. – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner:S. Ganesh, Sr. Advocate, assisted by Ramit Mehta.
For the Respondents:G.S. Bapna, Advocate General and Sr. Advocate with Vineet Mathur, Lokesh Mathur and Sunil Beniwal, Advocates.

JUDGMENT

1. - How negative executive interventions, lack of political will and wisdom can cause laggard, sluggish and distorted industrial growth in a State, though rich in minerals, lime stone in present case in the State of Rajasthan and sufferer is a cement manufacturing unit, will be borne out from what follows in this case.

2. Another caveat on legislative practices, particularly subordinate legislation and executive policy decisions and the decision making process, which is amenable to judicial review by courts is that, it is high time that subordinate legislations in the form of notifications issued by Executive should give the preamble, context, brief reasons and background and particularly defining their prospective a retrospective applications, should be adopted like statement of objects and reasons and memorandum explaining provisions are given with legislative Bills, so that the judicial review becomes an effective exercise and one liner amendments like the notification dated 28.04.2006 in the present case, which have far reaching consequences are not allowed to become missile attacks on the budding industries.FACTUAL MATRIX

3. The Petitioner, a cement manufacturer, is be





































































































































































































































































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