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2022 Supreme(HP) 649

A.A.SAYED, JYOTSNA REWAL DUA
Ganpati Ropeways Pvt. Ltd. – Appellant
Versus
State Of Himachal Pradesh Through The Principal Secretary (Tourism), Govt. Of H. P. Civil Secretariat, Shimla – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sh. Arjun Lall, Adv.
For the Respondent:Mr. Vikas Rathore, Additional Advocate General

ORDER :

Simply put the petitioner’s grievance is that it had acted upon the promise extended by the respondents State Government under the Rules in force at the time and changed its position. The respondents though performed some of the obligations, but later on refused to honour their commitments under the Rules giving cause of action to the petitioner to file this petition, seeking implementation of the Rules vis-a-vis benefits to be given to the petitioner under them.

2. Facts:-

2(i) Tourism was declared an industry in Himachal Pradesh on 05.12.1984. Three sets of rules providing incentives to tourism industry in H.P. came into play viz:- (i) H.P. Grant of Incentives to the Tourism Industry Rules, 1984;(ii) H.P. Grant of Incentives to Paying Guest House Scheme, 1988 and (iii) H.P. Grant of Incentives to Dhaba Scheme, 1988. On 26.07.1993 in supersession of above Rules, the respondents notified new Rules for Grant of Incentives to Tourism Industry in H.P. (in short the 1993 Rules).

2(ii) The 1993 Rules came into force w.e.f. 01.08.1993. All new approved tourism units as defined under the rules, which had commenced operations within a period of ten years from the appointed day i.e. fro

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