- (1.) Leave granted.
(2.) The facts are admitted. The appellant is a distillery and manufactures arrack. The arrack produced by the appellant is purchased by the State Government at prices fixed by the latter. Pursuant to representations made by the Andhra Pradesh Distillers Association, by an order passed on 7.02.1991, the State Government ordered that an additional payment of 0-10 paise per BL (bulk litre) on arrack of 30 Up supplied, be made to those distilleries which commission both anaerobic and aerobic treatment plants for the effluents, subject to the condition that they produce a certificate to that effect from the A.P. Pollution Control Board.
(3.) On the basis of this order, the appellant after setting up an effluent treatment plant, got the same certified by the Andhra Pradesh Pollution Control Board. The certificate of the Pollution Control Board is dated 18.06.1991 and certifies that the appellant had not only erected but had also commissioned an effluent treatment plant comprising an anaerobic and aerobic treatment plant since 1.10.1989. The certificate was forwarded by the appellant to the Director of Distilleries and Breweries, Andhra Pradesh. The Director recorded this in his letter dated 7.09.1991 and requested the Assistant Commissioner, Distilleries to visit the appellant's distillery and submit his report, after verification of the same. It appears that the Assistant Commissioner, Distilleries was in fact the Assistant Commissioner of Excise, Distilleries. This is clear from the inspection note given by the Assistant Commissioner of Excise, Distilleries, dated 7.11.1991, where he also certified that the effluent treatment plant in question had been installed prior to 1989 and had been functioning since then.;