Himachal Pradesh High Court
M/S Ambuja Cements Ltd vs State Of Himachal Pradesh And Others on 6 April, 2017
Bench: Chief Justice, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
CWP No. 1789 of 2016
Decided on: 06.04.2017
M/S Ambuja Cements Ltd. ...Petitioner.
of
Versus
State of Himachal Pradesh and others ...Respondents.
Coram
rt
The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice.
The Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the petitioner: M/s. Sharan Thakur, Vishwjeet Singh
Panwar, Siddharth Thakur and
Parshuram, Advocates.
For the respondents: Mr. Shrawan Dogra, Advocate General,
with Mr. Anup Rattan & Mr. Romesh
Verma, Additional Advocate Generals,
for respondents No. 1, 2 and 4.
Mr. Ashok Sharma, Assistant Solicitor
General of India, with Mr. Ajay
Chauhan, Advocate, for respondent No.
3.
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Mansoor Ahmad Mir, Chief Justice. (Oral)
Mr. Sharan Thakur, learned counsel for the .
petitioner, stated at the Bar that the respondents have filed the reply and the Staterespondents have partly admitted the claim of the petitioner, as has been recorded in Annexure R1 (page of No. 147 of the paper book). Further stated that the State respondents have disclosed the reasons for deduction of the rt amount claimed by the petitioner for the first time in the supplementary affidavit. It has, therefore, been prayed that the undisputed amount be released and the petitioner may be permitted to challenge the decision/reasons recorded by invoking appropriate remedy.
2. It is apt to reproduce relevant portion of the proceedings of the meeting of State Level Committee on Transport Subsidy Scheme (TSS), 1971, held on 28th June, 2016 (Annexure R1) herein:
"Item No. 6 : Central Transport Subsidy Case of M/s Ambuja Cement Ltd. Rauri Unit, at Village Rauri, Tehsil Arki, District Solan, H.P. ::: Downloaded on - 15/04/2017 22:07:21 :::HCHP 3 It is submitted that CTS claim of M/s Ambuja Cement Ltd., Rauri Unit, Tehsil Arki, Distt. Solan pertaining to the period are as under: .
Sr. No. Period Amount
1 01.04.2012 to 30.06.2012 19447806.00
2 01.07.2012 to 30.09.2012 97367284.00
3 01.10.2012 to 31.12.2012 73843740.00
Total: 190658830.00
of
The above mentioned claims were placed before SLC for its consideration and sanction in the meeting held on 22.05.2015 and committee has rt deferred the claim being subjudice. The State Level Committee after discussion decided to sanction those claims pertaining to period after preregistration. It was informed during the meeting that claim pertaining to the period 01.04.2012 to 30.06.2012 amounting to Rs.
19447806.00 is to be bifurcated and detail of claim rechecked by GM, DIC, Solan from the date of pre registration. The Members of SLC accorded sanction to the claims as under:
Sr. No. Period Amount
1 01.04.2012 to 30.06.2012 19447806.00
(deferred for
want of
bifurcation
and rechecked
from the date
of pre
registration)
2 01.07.2012 to 30.09.2012 97367284.00
3 01.10.2012 to 31.12.2012 73843740.00
Total: 171211024.00
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The SLC noted and approved the Transport Subsidy Claims of M/s Ambuja Cement Ltd. Rauri Unit, at Village Rauri, Tehsil Arki, District Solan, H.P. amounting to Rs. 171211024/ for the .
period 01.07.2012 to 31.12.2012 (2 qrts.) subject to the fulfillment of all codal formalities as per Transport Subsidy Scheme, 1971 guidelines."
3. Keeping in view the pleadings of the parties, we of deem it proper to dispose of this writ petition by directing the respondents to release the undisputed amount, as mentioned in rt Annexure R1, in favour of the petitioner within ten weeks.
Liberty is also granted to the petitioner to challenge the reasons for rejection, which have been recorded in the supplementary affidavit filed on behalf of respondents No. 1, 2 and 4, if so advised.
4. The writ petition is disposed of accordingly alongwith all pending applications, if any.
Copy dasti.
(Mansoor Ahmad Mir) Chief Justice (Sandeep Sharma) Judge April 06, 2017 ( rajni ) ::: Downloaded on - 15/04/2017 22:07:21 :::HCHP