- (1.) All these appeals seek to impeach the decision rendered by the Guwahati High Court (Shilong Bench) in a batch of Writ Appeals preferred amongst others by the respondents herein being aggrieved by the dismissal of their respective writ petitions, questioning the refusal of the appellants to sanction financial assistance to them under the "Scheme of Promotion of Industries in North East" (SPINE) on the ground of delay and laches. By the determination made in the appeals, the grievance of the respondents has been redressed primarily on the basis of the adjudication made earlier by the same High Court in Writ Petition(C) No. 279 (SH) of 2007 since affirmed by this Court by Order dated 01-05-2009 rendered in SLP(C) 9578-9584/2009.
(2.) We have heard Dr. Abhishek Atrey, learned counsel for the appellant and Ms. N. Saikiya, learned counsel for the respondents.
(3.) The individual facts qua the respondents marginally vary and do not demand separate dilation in the face of the common issues that need to be addressed. Common arguments have also been advanced. The pleadings pertaining to Civil Appeal No. 3962/2011, Union of India and Ors. vs Shri Hanuman Industries & Anr. would, therefore, be outlined for the factual foundation of the debate. 3.1 In the year 1997, a policy decision was taken by the Planning and Development Department, Government of India for promotion of industries in the North East Region, during the period of 9th Plan by providing inter alia a package of incentives to create an entrepreneurial environment. With this objective, a scheme nomenclatured SPINE, as above, was launched by the Ministry of Development of North Eastern Region, North Eastern Council, Shilong (for short DONER). In terms of the scheme, The North Eastern Council (NEC) was to provide to the newly set up industries to the extent of 25 per cent of the project cost or Rs. 50 lacs, whichever was less as deemed proper by the recommending authority on the fulfillment of the conditions stipulated therein. The Union of India, represented by the Ministry of DONER and the NEC were entrusted with the role of implementing the scheme.;