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: Ms.G.ROHINI, CHIEF JUSTICE

1. This appeal is preferred against the judgment of the learned Single Judge dated 16.01.2014 in WP (C) No.2503 of 2007. The respondent No.3 in the writ petition (M/s Rana Sugar Ltd.) is the appellant before us.

2. The writ petition was filed by M/s Triveni Engineering and Industries Limited (the respondent No.1 herein) with a prayer inter alia to quash the IEM acknowledgement No.1373/SIA/IMO/2006 dated 04.04.2006 issued to respondent No.3 (appellant herein) for establishment of new sugar mill at Village Ameer Khan Ka Mazra, Tehsil Swar, Distt. Rampur, Uttar Pradesh. A direction was also sought to the Union of India to revoke/cancel the IEM acknowledgement No.1373/SIA/IMO/2006 dated 04.04.2006.

6. M/s Triveni Engineering and Industries Limited / Writ Petitioner, who proposed to set up a sugar mill at Village Milak Narayanpur, Tehsil Swar, District Rampur, Uttar Pradesh, filed its IEM on 2.8.2005 in terms of Press Note No.12 dated 31.08.1998 and the same was acknowledged on the same day. In pursuance thereof, M/s Triveni Engineering and Industries Limited / writ petitioner started taking effective steps like identification of land for setting up the sugar mill, negotiations with growers for purchase of sugarcane and etc. Subsequently, a request was made to raise the capacity of its sugar mill under construction from 5000 TCD to 6000 TCD and the same was acknowledged by the Union of India on 17.05.2006 thereby amending its IEM from 5000 to 6000 TCD.

7. In the meanwhile, on 4.4.2006 the appellant herein/respondent No.3 in the writ petition filed an IEM proposing to set up a sugar factory of 3500 TCD capacity at Village Ameer Khan Ka Mazra, Tehsil Swar, Distt. Rampur, Uttar Pradesh which is admittedly at a distance of 10.297 km from the site of M/s Triveni Engineering and Industries Limited and thus attracting the prohibition of 15 kms. prescribed under the Press Note No.12 dated 31.08.1998.

8. Having come to know of the same, M/s Triveni Engineering and Industries Limited / writ petitioner requested the Union of India to cancel the IEM of the respondent No.3. Alleging that the officials failed to respond, it filed the writ petition.