GAHC010184862018 2025:GAU-AS:16184

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5771/2018

RIVER VALLEY CEMENT CORPORATION

A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, 1932 HAVING ITS REGISTERED OFFICE AT HOUSE NO. 62, 2ND BYE LANE ABC

TARUN NAGAR, BHANGAGARH, GUWAHATI- 781005,

REP. BY DEEPAK KAYAL, AGE ABOUT 47 YEARS, R/O ZOO ROAD,

GUWAHATI.

VERSUS

THE STATE OF ASSAM AND 5 ORS.

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,

DEPARTMENT OF INDUSTRIES AND COMMERCE,

ASSAM SECRETARIAT, DISPUR, GUWAHATI-781005.

2:THE COMMISSIONER OF INDUSTRIES AND COMMERCE

DEPARTMENT OF INDUSTRIES AND COMMERCE

GOVT. OF ASSAM UDYOG BHAWAN BAMUNIMAIDAM

GUWAHATI - 781021.

3:THE DIRECTOR OF INDUSTRIES AND COMMERCE

UDYOG BHAWAN BAMUNIMAIDAN

GUWAHATI - 781021.

4:THE ADDITIONAL DIRECTOR OF INDUSTRIES AND COMMERCE

UDYOG BHAWAN BAMUNIMAIDAN GUWAHATI- 781021.

5:THE GENERAL MANAGER DISTRICT INDUSTRIES AND COMMERCE DIST. KAMRUP GUWAHATI -21.

6:THE JOINT DIRECTOR (EXTENSION)

O/O THE COMMISSIONER OF INDUSTRIES AND COMMERCE ASSAM GUWAHATI-21 Advocate for the Petitioner : DR. ASHOK SARAF, MR. P BARUAH,MR. Z ISLAM,MR. P DAS Advocate for the Respondent : SC, INDUSTRIES AND COMMERCE, MR. S P SHARMA,DR. B AHMED BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

20/11/2025 Heard Dr. A. Saraf, learned counsel for the petitioner and Mr. S. R. Baruah, learned counsel for the respondents.

2. The petitioner by way of instituting the present proceeding has raised a grievance with regard to the non-disbursal of an amount of Rs.24,49,315/- (Rupees Twenty Four Lakhs Forty Nine Thousand Three Hundred Fifteen), being the power subsidy, receivable by the establishment of the petitioner under the provisions of the Industrial Policy of Assam, 2003.

3. The petitioner has also presented a challenge to an order dated 20.06.2018, by which the claim of the petitioner firm was rejected, on the ground that the unit of the petitioner firm was not found to be functioning on the date the inspection was made and accordingly, the unit was held to be not contributing towards economic development nor towards employment generation. Basing on the said assumption, the unit of petitioner firm was held to be ineligible for release of Power Subsidy under the Industrial Policy of Assam, 2003.

4. The facts in brief requisite for adjudication of the issues arising in the present proceeding is noticed as under:

The petitioner, is a partnership firm registered under the Partnership Act, 1932. The petitioner has a factory at Laxminagar, Sila, Changsari and is engaged in the manufacture of cement. After the proclamation of the Industrial Policy of Assam, 1997, wherein, incentives were provided to existing Industrial Units in the State on their expansion/diversification on or after 01.04.1997 or setting up of new Industrial Units on or after 01.04.1997, which includes sales tax exemption, interest subsidy, state capital investment subsidy, power subsidy, etc, the petitioner undertook steps for establishment of a cement manufacturing plant at Laxminagar, Sila, Changsari. A No Objection Certificate dated 30.08.2006, was issued by the authorities of the Pollution Control Board, Assam, for setting up of the said Industry. A certificate of employment of people of Assam was also issued by the Director of Employment and Craftsmen Training on 12.12.2005 and 31.08.2007. Thereafter, the said unit of the petitioner was sanctioned a load to the tune of 850 KW vide a communication dated 19.11.2003 issued by the Chief Engineer (D), ASEB, Paltanbazar. The said load as sanctioned was further enhanced vide a communication dated 25.08.2006, wherein, an additional load of 300 KW in addition to the existing 850 KW, totalling 1150 KW came to be authorized to the said unit of the petitioner firm. The petitioner firm, thereafter, commenced its production activities and in course of such production activities, the Unit had also consumed electricity which was being billed by