Respondent No.
4 to 16 also appear to have been located in the Jammu region.
320/ per quintal, unless otherwise reviewed on year to year basis.
It is a firm registered under the Indian Partnership Act and has long experience in the business including resin and turpentine since 1948.
Sometime after October 1978 the State of Jammu and Kashmir, it has been further alleged, virtually created monopoly in favour of three existing industrial units and companymitted to supply them about 17,000 M. T. of resin for long time to companye.
It appears that the petitioners were applying to the Government for allotment of resin as well as raw material for their industries but the Government referring to their policy decision of March 20, 1978 refused to make any allotment of Oleo resin to them.
The petitioners have alleged that the State of Himachal Pradesh and Uttar Pradesh stopped selling resin for the last several years in view of establishment of factories in public and joint sectors and that the State of Jammu and Kashmir was selling resin by public auction.
18 , Annexure P in respect of M s. Woolan Paints and Chemicals Scopore respondent No.
The letter of allotment Annexure X in favour of M s. Sud Pine Industries respondent No.
Respondent No.
They would like to emphasis maximum self sufficiency and self reliance companysistently with the need to promote the requisite and desirable degree of inter dependence with other parts of the companyntry.
3231 of 1980 .
of J K. Sd Sheikh Ghulam Rasool Secretary to Government.
Government Order No.
to M s. Sud Pine Industries for their factory at Kunjwani Talab Jammu on the terms and companyditions specified in the above said order.
3464 and 5908 of 1980 have alleged that they purchased raw material from the open market and somehow managed their industries to run for a certain period.
26 that the allotments were made in their favour from the date the unit is formally registered which shows that industries were number even registered at the time of the impugned orders of this allotment.
It has been alleged that only three States of India, namely, Himachal Pradesh, Uttar Pradesh and Jammu and Kashmir have Chir forests.
4 to 16 were favour ed and as such the impugned orders are liable to be struck down as , violative of Article 14 of the Constitution of India.
23 , Annexure U in respect of M s. S. K. Chemical respondent No.
21 , Annexure S in respect of M s. Phyto Chemicals respondent No.
The impugned orders have been annexed as Annexures N to Z 1.
1 has number explained as to how and on what basis, if any, the allotments were made by the impugned orders in favour of the new allottees whose industries were located in the Jammu region.
Respondent M s. Rajindra R T Industries, Udhampur, appears to stand on a different footing.
5/ per tin in addition to the above rate By order of the Government at Jammu and Kashmir.
Rajouri in Jammu Division has numbere.
175 DIC/1980 dated 30 5 1980.
The objective will be to secure the most prudent and beneficial utilization of the natural resources and skills peculiar to this State to achieve the maximum possible F rate of economic growth, companysistently with the need to secure a degree of balanced regional development as well as balance between the rural areas and the urban, to maximise State per capita income, and to generate the maximum employment potential.
He was approaching the Government to get requisite quota.
He was also approaching the Government from time to time to get allotment of the raw materials but got numberfavourable reaction from the Government.
It appears from Annexure N, in respect of respondent M s Kashmir R T Works respondent No.
Sanction is accorded to the supply of crude oleo resin by the Forest Department to M s. Kashmir R T Works, Srinagar, for their factory at Srinagar, subject to the terms and companyditions of the agreement to be entered into between the Forest Department and the party and on the following specific companyditions The Forest Department will supply Crude oleo resin 700 TPA to the firm from the date the Unit is formally registered subject to its being reviewed with due regard to its availability from year to year The resin will be supplied Rs.
Resin is admittedly a forest product extracted from Chir trees.
In partial modification of Government order No.
It applied for adequate quantities of raw materials and was allotted only 200 tons although it had been sanctioned 1500 per ton per annum since 1975.
The industry was provisionally registered in 1970 and formal registration was granted on 29 2 1974.
The supply of resin shall be subject to its being reviewed by the Government with due regards to its availability from year to year.
The industries of which the petitioners are partners are admittedly small scale industries for the manufacture of resin and turpentine oil.
The petitioners in Writ Petition Nos.
He says that as there was assurance from the authorities that raw materials will be allotted to him after he companypleted the installation of requisite machinery.
1 has quoted from the report the Goals of the industrial policy which read The balanced economic development of the State will obviously, be one of the foremost companycerns of the Government.
The petitioners further allege that while they were refused allotment of supply of raw materials, respondent No.
Many areas of the State are as cut off, isolated and poor as they were at the dawn of independence.
They have number denied the material allegations of the petitioners but they say that the allocations have been made in order to implement the industrial policy of the State Government as enunciated in a Report of the Development Review Committee, Jammu and Kashmir a companymittee headed by Shri L. K. Jha, the Governor of the State.
1 have filed a companynter affidavit.
3465 of 1980 and 3231 of 1980 were provisionally registered but revalidated for short periods.
Pawan Kumar Sharma, the petitioner in W.P. No.
4 to 16 are also small scale industries.
The industries of the petitioners in Writ Petitions Nos.
Sd Sheikh Ghulam Rasool Secretary to Government.
The J. K. Resin and Turpentine Industries of petitioner Om Prakash Sud, was provisionally registered in the year 1975.
He appears to have fulfilled all the companyditions required for allocation of resin in accordance with the policy of the State of J K. The industry is an experienced one and the factory started production of resin and turpentine at Hoshiarpur since 1948.
By order of the Govt.
3231 of 1980 states that his industry was provisionally registered under the Provisional Registration Certificate dated 29 1 1976.
Annexure Q in respect of M s. Pine Wood Products Company respondent No.
The industries of the respondents No.
4 to 16 were also functioning in the same region.
17 , Annexure O in respect of M s. Sun Shine R T Industries respondent No.
5908 of 1980 was formally registered.
emphasis added It is obvious that the industries of these respondents were number formally registered at the time of the impugned orders of allotment.
27 is in the following terms Sub Supply of resin to M s. Sud Pine Industries Kunwani for their factory at Talab Jammu.
DIC of 1979 dated 20 1 1979 sanction is accorded to the supply of crude oleo resin 700 tonnes per annum by the Forest Deptt.
20 , Annexure R in respect of M s. Haji Mast Ali Slaria respondent No.
3464 of 1980 was provisionally registered, revalidation was applied for but was number granted.
The material facts in the four petitions are similar.
Sud Pine Industries, was provisionally registered on 10 3 1978 and formally registered on 10 10 1978.
The industry of the petitioner in Writ Petition No.
The industry of the petitioner in Writ Petition No.
n 22 , Annexure T in respect of M s. New Himalayan Paints and Chemicals respondent No.
It was further extended for further short periods.
4 to 16 hereinafter called allottee respondents although most of them were number even formally registered at the time of making the impugned orders of allotment.
1 made allotments to respondents No.
The State of Jammu and Kashmir Respondent No.
For the sake of companyvenience we shall hereinafter refer only to the respondents and Annexures in W. P. No.
The petitioners companytend that in the circumstances they were adversely discriminated against while respondents Nos.
24 , Annexure V in respect of M s. Rajindra R T respondent No.
They have stated, and their statement is companyroborated by the documents, that there is preponderance of industries in the Jammu region and industries of the petitioners as well as respondents No.
25 and Annexure W in respect of M s. Bharat Paints and Chemicals respondent No.
The Government have stated that they have companysidered all the 110 applications including those of the petitioners companying from industrialists of different parts of the companyntry.
There is a Public sector unit in Jammu which companysumes about 3,000 tons of resin per year.
The companyt of empty tin will be charged Rs.
