- (1.) At the outset, Mr. Sumeet Gadodia, the learned counsel appearing for the petitioners submitted that, "the determination of date of actual commercial production", is the main issue involved in all the writ petitions and therefore, all the writ petitions may be heard together. With the consent of the counsel appearing for the respondent-State of Jharkhand, all the writ petitions were heard together and are disposed of by a common order. FACTS: W.P.(C) No. 5948 of 2013
(2.) The petitioner-Vaishnavi Ferro Tech (P) Limited intending to establish Ingots Plant applied for electricity connection for 30 HP LT IS connection. Vide letter dated 11.02.2009, it was sanctioned electricity connection and the HP connection was started on 09.02.2011. The General Manager, District Industries Centre, Hazaribagh, on the basis of the examination of papers and inspection report by a team of technical officers of District Industries Centre, Hazaribagh concluded that, the Unit has gone into commercial production on 15.02.2011. Vide letter dated 22.07.2011, the petitioner applied for capital subsidy of Rs. 25 Lacs and the General Manager, District Industries Centre, Hazaribagh vide letter dated 02.08.2011 recommended to the Director, Industries for grant of incentive of Rs. 25 Lacs. Thereafter, the petitioner submitted application dated 13.09.2011 for interest subsidy for Financial Year, 2010-11 and the General Manager, District Industries Centre, Hazaribagh vide letter dated 24.10.2011 recommended interest subsidy to the tune of Rs. 587467/-. However, vide letter dated 10.08.2013, the General Manager, District Industries Centre, Hazaribagh directed the petitioner to submit application for deciding the "date of commercial production" afresh. The petitioner made representation on 29.08.2013 however, vide order dated 26.03.2014 the General Manager, District Industries Centre, Hazaribagh recalled/annulled letter dated 28.04.2011 whereby the "date of commercial production" was fixed as 15.02.2011. FACTS: W.P.(C) No. 5436 of 2013
(3.) The petitioner-M/s. Rani Sati Foods and Grains Private Limited submitted statutory acknowledgment in terms of Section 8 of the Micro Small And Medium Enterprises Development Act, 2006 (M.S.M.E.D., Act 2006) expressing its intent to set up a Rice Mill at Ranchi. The acknowledgment in part (I) was issued to the petitioner on 13.08.2009. It also submitted application dated 19.08.2009 under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. The petitioner-Industry commenced commercial production in its Rice Mills from 12.10.2010. The petitioner was issued import and export license on 26.08.2009, license under the Factories Act, 1948 on 07.07.2010 and a license under the Jharkhand Agricultural Produce Market Rules, 2000 on 07.10.2010. The electricity connection was granted and electric meter was installed on 20.07.2010. The petitioner-Industry had conducted certain trial production between July-September, 2010. The Joint Capacity Assessment Report dated 01.07.2011 records the date of commencement of production as 12.10.2010 and vide letter dated 22.03.2012 the Director, Industries ordered sanction of Rs. 599.39 Lacs as capital subsidy to the petitioner-Industry. In the meantime, the petitioner had submitted application dated 14.03.2012 for fixing the "date of commercial production" and the General Manager, District Industries Centre, Ranchi vide certificate dated 20.06.2012 fixed the "date of commercial production" as 02.05.2011. The petitioner objected to the same and submitted representation dated 23.08.2012 to the Director, Industries who treated the representation dated 23.08.2012 of the petitioner as an appeal being Appeal Case No. 06/UN Misc (Hearing) - 56 of 2012. Vide memo dated 06.05.2013, the letter dated 20.06.2012 whereby the "date of commercial production" was fixed as 02.05.2011 was annulled and the matter was remanded to the General Manager, District Industries Centre, Ranchi for deciding the "date of commercial production" in the light of Jharkhand Industrial Policy-2012. FACTS: W.P.(C) No. 5761 of 2013;