UTKAL HYDROCARBONS BHILAI Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2005-7-2
HIGH COURT OF CHHATTISGARH
Decided on July 14,2005

UTKAL HYDROCARBONS, BHILAI AND ETC. Appellant
VERSUS
STATE OF CHHATTISGARH Respondents

JUDGEMENT

A.K.PATNAIK, C.J. - (1.) This batch of writ petitions relates to allotment of bye products of Bhilai Steel Plant as raw materials to different Industries located in the State of Chhattisgarh and were heard analogously and are being disposed of by this common judgment and order.
(2.) The facts briefly are that M/s. Raysinet Kemical Co. and others filed a writ petition Misc. Petition No. 462 of 1981 in the High Court of Madhya Pradesh at Jabalpur before the State of Chhattisgarh was constituted by the Madhya Pradesh Reorganisation Act, 2000 complaining of arbitrary distribution of by products of the Bhilai Steel Plant as raw materials to different Industries and by judgment and order dated 11-10-1984 the said batch of writ petitions were disposed of by the Madhya Pradesh High Court with the direction that the Director of Industries, Madhya Pradesh, in the light of the discussion in the order, will evolve a reasonable formula and allot the raw materials available in the light of the formula to the 13 Industrial Units.
(3.) Pursuant to the said directions of the Madhya Pradesh High Court in the judgment and order dated 11-10-1984 passed in Misc. Petition No. 462 of 1981, the Industries Commissioner, Government of Madhya Pradesh, by order dated 30-11-1984 constituted a Four Members Committee (hereinafter referred to as the 'First Committee') headed by Additional Director of Industries, Burg and after considering the factors mentioned in the judgment and order dated 11-10-1984 of the Madhya Pradesh High Court and after discussing with the representatives of the different Industrial Units recommended in para 5.7 of the report that the following minimum quantities be distributed to the thirteen Industrial Units : JUDGEMENT_36_AIR(CHHAT)_2006Html1.htm The First Committee further recommended that the balance of the material after distribution of the minimum quantities will be distributed on pro rata basis as per the assessed capacities of the Units as on 31-8-1982 as specified in para 5.4.1 of the report. In accordance with the aforesaid formula as evolved by the First Committee, the bye products of the Bhilai Steel Plant were distributed as raw materials to the Industries by order dated 31-1-1988 with effect from February. 1986.;


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