- (1.) Affidavits have been exchanged. We have heard the learned counsel for the parties. The writ petition is being finally disposed of at the stage of admission.
(2.) This writ petition was filed on 15th April, 2005 for restraining the respondent No. 5 i.e. M/s. Dwarkiesh sugar Industries Ltd. from setting up a sugar factory at the particular site namely plot (Gata) No. 2 in village Bahadarpur, Tehsil Dhampur, District Bijnore, in the State of Uttar Pradesh on the ground that the said site where the factory of the petitioner. The petitioner's sugar factory is located on land falling in three villages namely, Rajpur, Pooranpur and Nadehi in district Udham Singh Nagar of Uttaranchal State. No interim order was granted in this matter.
(3.) The basic ground taken in the writ petition is that in minimum distance between two sugar factories should be 15 kilometers as prescribed by the Press Note No. 12 dated 31st August, 1998 issued by the Department of Industrial Policy and Promotion, Ministry of Industry, Government of India. A copy of the Press Note is annexed as Annexure-6 to this writ petition. This distance between the two factories is disputed and as per documents filed by the respondent No. 5 issued by the same Authority namely Survey of India, and as per counter affidavit of the State the distance is more than 15 Km.s;