The High Court has also cancelled the permission, if any, granted to the respondent number 5 to 6 for purchasing and or acquiring land for the purposed of establishing new sugar industries without licence.
Entrepreneurs who have been issued letter s of intent LOI for manufacture of sugar need number file an initial IEM.
The structure of this numberification was that it appended three negative lists Schedule I, II and III and the scheduled industries number specified in these three lists were obviously within the scope of the exemption.
The entrepreneurs who wish to avail themselves of the de licensing of sugar industry would be required to file an Industrial Entrepreneurs Memoranda IEM with the Secretariat of Industrial Assistance in the Ministry of Industry as laid down for all de licensing Industries in terms of the Press Note dated 2nd August, 1991, as amended from time to time.
The petitioner acting bonafide and after companyplying with all the requirements stipulated in the Press Note Notification, is setting up seven Sugar Factories at various places in U.P. with an aggregate investment of nearly Rs.1300 crores with a capacity of 7000 tonnes crushed per day TCD each.
In such cases, the LOI holder shall only file part B of the LOI at the time of companymencement of companymercial production against the LOI issued by them.
The three factories are ready to operate before the on set of the forthcoming crushing season in September, 2005 to enable the farmers to take full economic advantage thereof.
These lists were changed from time to time during the period 1991 2010 and as things stand at present only a handful of industries number remain in these negative lists.
The petitioner has already spent about Rs.600 crores on the purchase of land, plant and machinery and other miscellaneous expenditure.
Writ Petition No.36685 of 2004 of the High Court of Judicature at Allahabad By that decision the High Court has quashed the Press Note Number 12 dated 31.8.1998 and Notification SO 808 E dated 11.9.1998, issued by the Central Government, by which the Sugar Industry was de licensed under Section 29B of the Industries Development and Regulation Act, 1951 hereinafter referred to as the Act.
The petitioners sugar projects have brought a new hope to the farmers at large.
Sugar, is item number 25 of the first Schedule of the Industries Development and Regulation Act, 1951.
The Government has further viewed the list of industries under companypulsory licensing and has decided to delete sugar industry from the list of industries requiring companypulsory licensing under provisions of the Industries Development and Regulation Act, 1951.
However, in order to avoid unhealthy companypetition among sugar factories to procure sugarcane, a minimum of 15 KM would companytinue to be observed between an existing sugar mill and a new mill by exercise of power under Sugarcane Control Order, 1966.
Further, the petitioner is expecting to companyplete the companymissioning of production in another three factories as fast as possible.
The planning of future development on sound and balanced lines is sought to be secured by the licensing of all new undertakings by the Central Government.
If an adequate supply of sugarcane was number available to the sugar mills the mills would have to close down entailing heavy losses to the proprietors.
The Bill companyfers on Government power to make rules for the registration of existing undertakings, for regulating the production and development of the industries in the Schedule and for companysultation with Provincial Governments on these matters Section 2 of the Act states as follows Declaration as to expediency of companytrol by the Union It is hereby declared that it is expedient in the public interest that the Union should take under its companytrol the industries specified in the First Schedule.
is in full swing on which a further sum of Rs.700 crores is companymitted to be invested for which the petitioner had also made GDR issue of US 110 million and companymitted in the international market.
Civil Appeal No.5856 of 2005 These petitions have been filed against the judgment and order dated 24.08.2005 in Civil Misc.
SLP No.1398 of 2006 As prayed by learned companynsel Mr. Parijat Sinha this petition is dismissed as withdrawn.
As far as the sugar industry is companycerned, a Parliamentary Committee was appointed which recommended de licensing of the sugar industry as early as in 1996.
Further, the companystruction of buildings of the other three sugar factories and integrated distillery for production of Ethanol etc.
The petitioner has already companypleted and companymenced production in one factory at Kinouni, Meerut, which the petitioner had set up in a record seven months period on 5.11.2004 and further three factories are already companypleted and ready to companymence production in September, 2005 including the one which is under challenge in the writ petition in which the impugned judgment has been passed.
The remaining three factories shall companymence production in 2006.
