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2013 Supreme(Ori) 27

PRADIP MOHANTY, S.K.MISHRA
Praxair India Pvt. Ltd. – Appellant
Versus
Sub-Collector and Sub-Divisional Magistrate, Angul – Respondent


Advocates Appeared:
For petitioner:M/s. Pami Rath, C.Muralidhar, I.Mohanty and Mr.R.K.Rath (Sr. Advocate)
For opposite parties:Addl. Government Advocate (for opp.party no.1) and M/s. Manoranjan Das and P.P.Mohanty (for opp.party no.2).

JUDGMENT

S.K. Mishra, J.-- In this case, the petitioner company has prayed for a direction to the opposite parties to accept the status of deemed grant of permission under Section 16(8) of the Orissa Development Authorities Act, 1982 (hereinafter referred to as the “Act”) and further to direct the opposite parties not to interfere with the petitioner’s lawful activities at the Pump Fill Station set up at Angul and to allow the petitioner to carry on the operations at the said Pump Fill Station. Finally, it has also prayed to quash Annexure-14, the letter issued by the Secretary, Talcher-Angul-Meramandali Development Authority, Angul directing the petitioner to stop the development activities.

2. The petitioner is engaged in the manufacture of Oxygen, Nitrogen, Argon and other products, in both gaseous and liquid form. It has set up air separation plants of huge capacity at various locations across India. The products manufactured in liquid form in those plants are taken to different Pump Fill Stations located at various locations throughout the country. At the Pump Fill Stations, the products in liquid form are filled into smaller cylinders, so as to enable the use of these products






















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