- (1.) THE short question that arises for consideration in this petition is whether a new sugar factory could be established within the radius of 15 kms. of an existing sugar factory; whether a new sugar factory established by respondent No. 5 is within 15 kms. radius of the existing sugar factory of the petitioner and, if so, its effect?
(2.) M/s. Dwarikesh Sugar Industries Ltd. Bundaki, respondent No. 5 (in brief D. S. I. L.) intended to set up a new sugar factory and was issued I. E. M. No. 292/21-A/i. M. O. /2005 on 24. 1. 2005 for setting up 7500 T. C. D. plant. When petitioner M/s. Kisan Sahkari Chini Mills Ltd. (in brief K. S. C. M. L.) came to know about the I. E. M. for establishment of a new sugar factory by D. S. I. L. within their reserved area of sugar cane, he obtained a certificate from Survey of India on 9. 3. 2005 which was to the effect that the proposed site of D. S. I. L. was only at a distance of 13. 5 kms. whereas, as per the Government order dated 11. 9. 1998, the maximum radial distance prescribed was 15 kms. The petitioner made a representation on 14. 2. 2005 to the Cane Commissioner, Uttar Pradesh. D. S. I. L. also applied before Cane Commissioner, Uttaranchal seeking permission to develop the proposed cane reserved area. The Cane Commissioner informed the Secretary, Cane Development and Sugar Industries, Uttaranchal, dehradun that establishment of the new unit would be detrimental to the interest of the petitioner. Another representation was made by the petitioner on 23. 2. 2005 before the Secretary, Sugar Cane Development and Sugar Industries, u. P. , Lucknow that the new sugar unit which is sought to be established by d. S. I. L. is only about 13 kms. away from petitioner's sugar mill which was in violation of existing rules and memorandum of understanding which was arrived at between the State of Uttar Pradesh and State of Uttaranchal. It was also pointed out that petitioner's sugar mill has been established in the year 1976-77 and if the new sugar mill was established, the supply of sugar cane to petitioner's mill would be seriously affected. The petitioner also made a representation on 15. 3. 2005 to the Secretary, Government of India, Ministry of commerce and Industries, New Delhi informing him that the new sugar mill could not be allowed to be established as it would affect the petitioner badly and the establishment of new sugar mill of D. S. I. L. was contrary to the government orders etc. as it was being established at a distance of only 13. 5 kms. though the Government order provides that no sugar factory could be established within a radius of 15 kms. from an existing sugar factory.
(3.) WE have heard Sri R. N. Trivedi, learned Senior Counsel assisted by sri Akhilesh Kalra, Advocate appearing for the petitioner, Sri Umesh chandra, learned Senior Counsel assisted by Sri Rakesh Bahadur and Sri S. N. Srivastava, learned Counsel appearing for respondent No. 5, and learned standing Counsel appearing for respondents No. 3 and 4. Sri K. C. Sinha, has accepted notice on behalf of respondents No. 1 and 2.;