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           IN THE HIGH COURT OF JHARKHAND AT RANCHI

                          W.P.(C) No.-736 of 2018


          Shree Balaji Agro Farm Industries Pvt. Ltd. through its Director Anup
          Kumar Agarwal having registered office at Khirwal Market, Chaibasa,
          District- West Singhbhum                                 ...Petitioner
                                 -V e r s u s-
     1.   The State of Jharkhand through Chief Secretary, Government of
          Jharkhand, Ranchi
     2.   The Secretary, Industries, Government of Jharkhand, Ranchi
     3.   The Director, Directorate of Industries, Government of Jharkhand, Ranchi
     4.   Jharkhand State Pollution Control Board, through its Chairman, Ranchi
     5.   The Member Secretary, Jharkhand State Pollution Control Board, Ranchi
                                                                   .... Respondents

CORAM: - HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner :- Mr. Rajiv Ranjan, Sr.Advocate For the State :- Ms. Aprajita Bhardwaj, A.C. to A.G.

Master Akash, Advodate For respondent nos. 4 & 5:- Mrs. Richa Sanchita, Advocate Order No.-05 Dated: 23.07.2018 The present writ petition has been filed for issuance of direction upon the respondents to consider the petitioner's application for grant of capital subsidy and release first installment of the subsidy under the Jharkhand Food Processing Industry Policy, 2015 (hereinafter to be referred as "the Industry Policy, 2015") declared on 03.09.2015 as the petitioner has obtained consent to establish (for expansion project) from the Jharkhand State Pollution Control Board and has already invested 50% of the envisaged project cost and 50% of the term loan has also been disbursed. The petitioner has also made prayer for issuance of declaration that the petitioner is entitled to capital subsidy under the Industry Policy, 2015 declared on 03.09.2015.

Learned Senior Counsel for the petitioner submits that the benefits under the Jharkhand Industrial Policy, 2012 was earlier extended to the petitioner company after examination and verification of the inspection report and on ascertainment of the date of commercial production as 01.10.2014 vide memo no. 3074 dated 07.10.2015. The petitioner company obtained the Consent to Establish (CTE) for the new unit under Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 vide letter dated 2 07.08.2015. In the meantime, the Government of Jharkhand declared the Industry Policy, 2015 on 03.09.2015 having provision for grant of capital subsidy to the eligible units. The petitioner being eligible in terms with the Industry Policy, 2015 made application dated 18.12.2015/31.12.2015 before the respondent authorities in this regard. The petitioner's application making claim for capital subsidy was registered as 0529f dated 28.04.2016 in the E-portal of the Single Window Clearance Department, Jharkhand. Thereafter, the respondent authorities asked for the NOC of the Jharkhand State Pollution Control Board, which was duly submitted by the petitioner, however no decision has been taken thereafter by the respondents in this regard.

Considering the aforesaid facts, the petitioner is at liberty to prefer a fresh representation with supporting documents before the respondent no.3- The Director, Directorate of Industries, Government of Jharkhand, Ranchi. On receipt of the said representation, the respondent no. 3 after verifying the petitioner's claim and providing due opportunity of hearing to its representative, if so required, shall take appropriate decision by way of a speaking order within a period of 12 (twelve) weeks from the date of filing of the representation.

The writ petition is disposed of with aforesaid liberty and direction.

(Rajesh Shankar, J.) Ritesh