Prashant Kumar, J. - (1.) THESE writ applications filed by ACC Limited for issuance of appropriate writ and direction commanding the respondent -State to payment of incentive and subsidy to the petitioner as sanctioned by the State Government, vide letter no. 2318 dated 21.07.2003 (Annexure -6). It is stated that the State of Jharkhand after coming into existence had formulated and notified Jharkhand Industrial Policy, 2001 (herein after referred as the Policy) with a view to prepare conducive atmosphere for maximizing industrial investment, acceleration of industrial development, proper utilization of natural resources, mines and mineral and exploration activities. Aforesaid Policy contained the provisions for providing incentives, such as capital investment subsidy, subsidy on interest and VAT concessions/refunds for giving impetus to the industrial growth. Clause 29.11 of the Policy makes provision for giving incentives to Mega Units. It provides that special packages shall be formulated for the new projects with direct investment of more than Rs. 50 crores on case to case basis. Clause 17 Annexure -1 of the Policy classified different areas of the State in the following three categories viz. Category -'A' (least backward), Category -'B' (backward) and Category -'C'(most backward). Clause 22 of the Policy further provides for Identical Incentives Packages for mega industrial units, which are undertaking expansion/diversification or modernization with a view to increase their production.
(2.) IT further appears that the State Government by order as contained in Memo no. 1885 dated 10.06.2003 classified Mega Industrial Units into following three categories for grant of capital investment incentive/subsidy: - (i) New Industrial Units: -In which capital investment of more than Rs. 50 crores has been made or is being made in terms of the Industrial Policy, 2001. (ii) Existing Industrial Units: -Presently functioning industrial units in which capital investment of Rs. 50 crores have been made or is being made in terms of the policy by way of expansion/diversification/modernization. (iii) Loss making, existing & functioning industrial units: Those existing and functioning industrial units which are not sick, but are incurring cash losses continuously since last two years. In such industrial units, capital investment of more than Rs. 50 crores has been or is being made for expansion/diversification/modernization in terms of the Policy. Petitioner -ACC Limited is a company incorporated under Indian Companies Act, having its registered office at Mumbai. It is stated that ACC Limited is engaged in the business of cement production and its number of production units spread all over the country, including two at Jharkhand, one at Sindri in the district of Dhanbad and another at Jhinkpani in the district of Singhbhum West. It is stated that present writ applications are preferred on behalf of its unit at Jhinkpani, known as Chaibasa Cement Works.
(3.) IT is stated that Jhinkpani Unit of ACC Limited has been functional since last 60 years and situated in most backward area, in the State of Jharkhand. Thus, the same falls under category 'C' of Clause 17 of Annexure -1 of the Policy.;