AMRIT CEMENT INDUSTRIES LTD. AND ORS. Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) The relief sought for in the present writ petition (i) for deemed sanction is centered around the principle of legal fiction created under Section 4(4) of the Meghalaya Transfer of Land (Regulation) Act, 1971 (for short 'the said Act, 1971'); (ii) for quashing the impugned order dated 30.03.2011 so far as the writ petitioners are concerned is based on the well settled law that by an executive order the statutory rules cannot be whittled down; (iii) the impugned order dated 30.03.2011 will not be applicable to the applications of the writ petitioners dated 03.08.2009 and 21.05.2010 for sanction or permission under Section 4(4) of the said Act, 1971 inasmuch as, the executive order or impugned order dated 30.03.2011 will have the effect of only prospective in operation and; (iv) the impugned order dated 30.03.2011 cannot be a "notification" contemplated or defined under Section 2(c) of the said Act, 1971 or the "notification" under the proviso to Section 3(1) of the said Act, 1971.

(2.) Heard Mr. H.S. Thangkhiew, learned senior counsel assisted by Mr. N. Mozika, learned counsel appearing for the petitioners and Mr. K.S. Kynjing, learned Advocate General assisted by Mr. K.P. Bhattacharjee, learned GA appearing for the respondents.

(3.) The fact leading to the filing of the present writ petition is tersely put up for deciding the core questions call for decision in the present writ petition. The petitioner No. 1 (petitioner company) is a company incorporated under the Companies Act, 1956 vide Certificate of Incorporation having Corporate Identity No. U26940ML2008PLC008302-2008-2008 dated 24.01.2008 issued by the Registrar of Companies, Shillong and having its registered office at Lower Lachumiere, Opp. Horse-shoe Building, Shillong-793001, East Khasi Hills District, Meghalaya and the petitioner No. 2 is the Managing Director of the petitioner-company. The Govt. of Meghalaya promotes entrepreneurs/companies to invest money in setting up of industries in the State of Meghalaya. With a view to facilitate and expedite the various clearances and Govt. approvals required by entrepreneurs as also to promote investments in the State, the Governor of Meghalaya was pleased to constitute a Committee which will act as Single Window Agency for all investments in the State. The Committee shall consist of:-