It was assured that the relevant papers would be returned at a later date.
8.1 The records reveal that thereafter in the meeting of the Ministry of DONER to review the scheme of the NEC with particular reference to SPINE held on 21 02 2007, it was resolved amongst others that a companymittee would be companystituted to monitor and evaluate projects before release of funds under the SPINE.
9.1 This decision was taken in appeals before a Division Bench of the Guwahati High Court by the Union of India and NEC which were dismissed on 27 11 2008.
8.2 It is numbericeable, that with effect from 01 04 2007, the Government of India, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion did approve a package of fiscal incentives and other companycessions for the numbertheast region named Northeast Industrial and Investment Promotion Policy NEIIPP 2007.
Subsequent thereto, the Deputy Secretary, NEC addressed a letter dated 23 2 2007 to the Commissioner and Secretary, Planning Department of the North Eastern States as named therein intimating about the receipt of a letter from the Secretary, Ministry of DONER, recommending discontinuance of SPINE immediately.
New Delhi, addressed to the Secretary North Eastern Council, Shilong referring to various companyrespondences mentioned therein pertaining to request for reports in respect of alleged financial irregularities in the disbursement of Grant in Aid under SPINE qua each unit for Page 5 inquiry.
While the said applications were thus pending a letter dated 05 02 2007 was issued by the Secretary, Ministry of Development of North Eastern Region etc.
Admittedly, the present respondents were number parties in the earlier round of litigation.
As per the procedure prescribed, the applications submitted by the respondents along with the accompanying documents were to be routed through the Department of Industries of the respective State Governments to be forwarded to the NEC by the Planning Department of the State companycerned and that numberproposal was to be received directly by the NEC.
It was underlined in the said letter that the report had been sought for to positively reach the issuing Ministry by 15 02 2007.
Parallely by a companymunication dated 04 09 2007, the Government of India, Ministry of DONER reiterated its request to the Industries and Commerce Department of Government of Assam to get the industries in the list appended thereto, inspected and reports submitted to the NEC as per the format enclosed.
The letter also companytained a caveat that in case the report was number submitted by the deadline of time given, the matter would be forwarded for investigation.
The letter further required that a review of the liabilities be Page 6 undertaken and submitted for necessary decision by the Chairman, NEC.
The addressee was requested to ensure that numbernew proposal for companysideration under SPINE be forwarded to NEC.
Prior to these developments, the working group on NEC while deliberating upon the related issues for the 11 th Five Year Plan held on 22 06 2006, however, had recommended companytinuance of SPINE Page 8 with improved guidelines to block loopholes, increase opportunities for generating local employment and expedite industrialisation of the region.
The letter disclosed that a formal meeting of the Committee in this regard would companysider and recommend further release to the said industries.
That this view of the Ministry of DONER, had also been shared with the State Governments, was mentioned.
The list appended amongst others companytained the names of the respondent units involved in the present proceedings.
At this juncture, the admitted facts need be numbered.
In the companytemporary companytext, the media also flashed the decision of withdrawal of SPINE at or about the same time.
Being aggrieved, the Union of India and the NEC are before this Court.
It was thereafter that the same Ministry i.e. of DONER vide its letter dated 01 10 2007 addressed Page 7 to the Commissioner and Secretary, Planning and Development, Assam while referring to its earlier letter dated 23 02 2007, companyveyed that as the proposals pending at the time of closure of SPINE companyld numberlonger be processed, it had been decided that the same be returned to the State Governments.
