- (1.) THE present writ petition has been filed seeking quashing of order dated 06.02.2014 whereby the application for grant of fiscal incentives under Jharkhand Industrial Policy, 2001 has been rejected.
(2.) BRIEFLY stated, for setting up a factory for manufacturing steel wheels, an agreement for lease was signed between the petitioner and M/s Tata Steel Limited on 03.08.2006. The petitioner obtained licence under Jharkhand Factories Rules, 1950 read with Section 6(1)(d) of the Factories Act, 1948. The Jharkhand Pollution Control Board granted NOC vide memo dated 30.05.2009 and it was granted authorisation for handling Hazardous Waste vide memo dated 15.12.2010. The application dated 23.08.2010 was filed before the Jharkhand State Pollution Control Board and the petitioner submitted a compliance report on 24.11.2010. After communicating the respondentauthority vide letter dated 30.03.2011 that the petitionercompany has commenced its commercial production, it submitted application dated 25.07.2011 for fixing date of commercial production and claim for subsidy. In the meantime, "Consent to Operate" order dated 04.04.2011 was issued by the Jharkhand State Pollution Control Board with retrospective date. The Director, Industries vide letter dated 13.03.2012 fixed date of commercial production of the petitionercompany as 01.03.2011. However, vide order dated 06.02.2014 the date of commercial production fixed by the Director, Industries vide letter dated 13.03.2012 has been cancelled and therefore, the present writ petition has been filed.
(3.) HEARD the learned counsel for the parties. The learned counsel appearing for the petitioner submits that the issue involved in the present writ petition is covered by the decision of this Court in W.P.(C) No. 5948 of 2013 and batch cases. Per contra, the learned counsel appearing for the respondentState of Jharkhand submits that unit of the petitionercompany would fall under the Mega Project and therefore, the decision of this Court in "Vaishnavi Ferro Tech (P) Limited vs. the State of Jharkhand through the Secretary, Department of Industries, Ranchi and Ors." [W.P.(C) No. 5948 of 2013] and batch cases is not applicable.;