SHIVAM IRON AND STEEL CO LIMITED Vs. STATE OF JHARKHAND
LAWS(JHAR)-2018-2-146
HIGH COURT OF JHARKHAND
Decided on February 27,2018

Shivam Iron And Steel Co Limited Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Anubha Rawat Choudhary, J. - (1.) Heard Ms. Shilpi John, counsel for the petitioner and Mr. Ravi Kerketta, J.C. to S.C. (L&C) appearing for the State.
(2.) This writ petition has been filed for the following reliefs:- (a) For quashing the order dated 19.04.2007 (Annexure-4) by which the prayer of the petitioner for release of capital subsidy under Jharkhand Industrial Policy, 2001 has been rejected; (b) Further prayer has been made in the nature of mandamus commanding upon the respondents to forthwith release the capital subsidy in favour of the petitioner under its expanded programme.
(3.) The case of the petitioner is that the petitioner has established industrial unit for manufacturing of Silico Manganese within the territory of the State of Jharkhand which started its commercial production w.e.f. 27.01.2004 and the petitioner had applied for capital subsidy under the provisions of Jharkhand Industrial Policy 2001. Thereafter after due enquiry, the matter was placed before the Committee and the State Level Committee in its meeting held on 31.10.2005 resolved to grant capital subsidy to the petitioner-unit and the same was communicated to the Director, Industries, Government of Jharkhand by letter dated 28.02.2006 which is contained in Annexure-1 to the writ petition. As per Annexure-1, the petitioner was paid Rs. 25 lacs as capital subsidy. Thereafter the petitioner company expanded its unit by making a separate unit with investment of more than Rs.333.12 lacs and accordingly applied for further capital subsidy for the expanded unit. The same was processed and the Director, Industries, Government of Jharkhand notified 08.09.2004 as the date of commercial production of second unit (expanded) vide his letter dated 14.05.2005. The said letter is contained in Annexure-3 to the writ petition.;


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