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2022 Supreme(P&H) 1857

M. S. RAMACHANDRA RAO, H. S. MADAAN
Jaswinder Singh – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Khushwant Singh Mann, Advocate, for the Appellant; Mr. Sudhir Nar, Senior Panel Counsel, Mr. Harsh Chopra, Advocate, and Mr. Saurav Verma, Advocate, for the Respondent.

JUDGMENT

M.S. Ramachandra Rao, J. - The Background facts

1. The National Horticulture Board [NHB] (respondent No.3) initiated various certain Credit Linked Capital Investment Subsidy Schemes to encourage private investment in specified activities, areas and technology in relation to horticulture activities, and one such scheme framed by it is 'Scheme-I: Development of Commercial Horticulture through Production and Post Harvest Management of Horticulture Crops'.

2. Annexure P-1 contains the General Guidelines for availing the subsidy under the said Scheme by farmers and other interested in horticulture.

3. Petitioner, who is a farmer, came to know about the said Scheme and decided to set up a project of 'Rose Cultivation under Poly/net house' on his land admeasuring 8000 sq. mtrs. under the said Scheme.

4. As required by the operational guidelines of the NHB under the above Scheme, he availed a term loan from respondent No.4-Bank for his project at Village Korwa Khurd, Distt. Ambala, Haryana.

5. According to the petitioner, the loan was disbursed from 2016 onwards and petitioner completed the construction/erection of the shade net house on 27.03.2017 and started Rose cultivation at the pr

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