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AKIL KURESHI, S.G.CHATTOPADHYAY
Sukhamoy Paul S/o Late Sudhangshu Ranjan Paul – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
AKIL KURESHI, J.
1. This appeal is filed by the original petitioner to challenge the judgment of the learned Single Judge dated 30.06.2017 passed in WP (C) No. 78 of 2010.
2. Brief facts are as under:
3. The Government of India, Ministry of Industries had framed a Transport Subsidy Scheme under a notification dated 23.07.1971 (hereinafter to be referred to as the Scheme of 1971) which envisaged limited transport subsidy for the cost of transportation of raw materials and finished goods to manufacturing industrial units in the category of small scale industries which are located in certain specified areas including the North Eastern
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....
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.
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....
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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