M/S Ferro Techniks Th Vikram Gupta And Others vs. Ut Of J And K Commissioner Secretary TO Govt. Industries And Commerce Dept. And Others

Held

The Court, having perused the petition and documents and considered the submissions of the learned counsel for the petitioners, was of the opinion that directing the respondents to actively consider the petitioners' case would meet the ends of justice. The Court disposed of the petition at the threshold stage with a direction to the respondents to actively consider/reconsider the case of the petitioners for their registration under the New Central Sector Scheme for Industrial Development of Union Territory of Jammu & Kashmir, 2021 (NCSS-2021). This consideration is to be in accordance with the provisions of the scheme, applicable guidelines, eligibility criteria, and prescribed mandatory documentary requirements. Crucially, the Court directed condonation of the non-extension of EM-1/Provisional Registrations. The respondents were further directed to accord this consideration in an expeditious manner to protect the petitioners from further financial loss. The Court did not expressly leave any issue undecided, as it disposed of the matter with a specific direction for consideration.

Facts

The petitioners, M/s Ferro Techniks and others, are industrial units established in the SIDCO Industrial Complex, Bari Brahmana, Jammu. They have a common grievance regarding the processing of their claims under the New Central Sector Scheme for Industrial Development of UT of J&K, 2021 (NCSS-2021). The petitioners obtained land allotment from J&K SIDCO and Provisional Registration/Entrepreneurs Memorandum (EM) Part-I from the District Industries Centre, Jammu, between April and August 2019. They executed lease deeds for the land in July 2019 and commenced implementation of their projects, including GST registration. However, the handed-over site remained undeveloped, impacting project timelines. The petitioners sought directions to convene a Secretary Level Committee meeting for considering their applications under NCSS-2021, preserve their registration entitlements, and not deny consideration due to expired EM Part-I registrations, especially as they possess valid Udyam Registration Certificates.

Key Issues

1. Whether the respondents should be directed to place the petitioners' applications before the Secretary Level Committee (SLC) constituted under NCSS-2021 and convene a meeting for their consideration and decision, in accordance with the scheme's provisions, guidelines, eligibility criteria, and documentary requirements? 2. Whether the respondents should be directed to preserve, protect, and earmark the registration entitlement and incentive allocation admissible to the petitioners under NCSS-2021, irrespective of budgetary allocations, closure of registration windows, administrative cut-off dates, fund availability, or subsequent policy decisions during the pendency of their applications? 3. Whether the respondents should be directed not to withhold, defer, reject, or deny consideration of the petitioners' applications under NCSS-2021 solely on the ground of expiry, non-extension, or non-continuation of EM Part-I/Provisional Registration, given that they possess valid Udyam Registration Certificates and no final decision has been communicated on their requests for continuation/extension? 4. Whether the respondents should be directed to take a final decision on the petitioners' pending requests for continuation/extension of EM Part-I/Provisional Registrations, which have remained undecided for several years? Petitioner's Arguments: The petitioners argued that the matter could be disposed of at the threshold stage by directing the respondents to consider their grievance. They sought directions for the convening of the SLC, preservation of their entitlements, and consideration of their applications despite expired provisional registrations, emphasizing their valid Udyam Registration Certificates and significant investments. Revenue/State's Arguments: No arguments were recorded from the respondents as they were represented by 'None'.