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Delhi High Court - Orders

Jkc General Trading Co vs Union Of India And Anr on 28 January, 2021

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                                                            Signature Not Verified
                                                                                            Digitally Signed By:DINESH
                                                                                            SINGH NAYAL
                                                                                            Signing Date:30.01.2021
                                                                                            17:23:34

                                $~25
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +         W.P.(C) 1067/2021 & CM APPLs. 2983/2021, 2984/2021
                                     JKC GENERAL TRADING CO.                       ..... Petitioner
                                                     Through: Ms. Ruchi Gupta, Advocate.

                                                            versus

                                       UNION OF INDIA AND ANR.                  ..... Respondents
                                                     Through: Mr. Anurag Ahluwalia, CGSC with
                                                              Mr. Abhigyan Siddhant & Mr.
                                                              Nitnem Singh Ghuman, Advocates.

                                       CORAM:
                                       JUSTICE PRATHIBA M. SINGH
                                                ORDER

% 28.01.2021

1. This hearing has been done by video conferencing.

2. The present petition has been filed by the Petitioner challenging the non-grant of subsidy under the Scheme for Integrated Cold Chain and Value Addition Infrastructure under the Pradhan Mantri Kisan Sampada Yojana (hereinafter '2018 Subsidy Scheme'). An application was filed by the Petitioner under the 2018 Subsidy Scheme, however in the decision taken by the Respondents on 18th August, 2018, the Inter-Ministerial Approval Committee it was decided to reject the application of the Petitioner on the ground that the Petitioner had not identified the location of the Farm Level Infrastructure for its project.

3. Ms. Gupta, ld. counsel submits that another similarly placed party was however granted the subsidy later in December 2018, despite not having identified the location of the Farm Level Infrastructure in 2018 itself. This according to her is arbitrary and discriminatory.

4. However, Mr. Ahluwalia, ld. CGSC submits that there is a fresh scheme of 2020 for the same kind of facility and the said 2020 scheme is open till 19th February, 2021.

5. Considering the fact that the 2018 Subsidy Scheme has been completely closed and the challenge has been mounted more than two years later and the same being a subsidy scheme, this Court does not wish to interfere. However, since there is a similar fresh scheme launched by the Respondents in 2020 for Integrated Cold Chain and Value Addition Infrastructure, the Petitioner is permitted to apply under the said scheme and if the Petitioner is found to be satisfying the conditions required, the Petitioner's application shall be considered in accordance with the terms and conditions of the scheme. Further, the Petitioner shall not be disqualified on the ground of earlier rejection for subsidy under the 2018 Subsidy Scheme.

6. This Court has not examined the merits of the case of either of the parties.

7. The petition is disposed of in these terms. All pending applications are disposed of.

PRATHIBA M. SINGH, J JANUARY 28, 2021 Rahul/Ap Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:28.01.2021 22:03