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2018 (5) TMI 1896 - GUJARAT HIGH COURTExtension of LoA of the petitioner-firm - continuation of operation of the factory - HELD THAT:- It appears from the record that in similar case of other units engaged in the same line of business at Kandla SEZ and other SEZs, extension/renewal was granted, which was otherwise lying defunct and dormant, as per the say of the petitioner. This aspect requires closer scrutiny by the respondent-authority. It is undisputed that the case of the petitioners was not taken up despite there being a recommendation by the respondent no. 3, the petitioner from time to time addressed various letters and e-mails to the respondents no. 2 & 3 for taking up petitioner’s case for renewal. Despite recommendation by the respondent no. 3 and though according to the petitioner, the case was similar to the case of other SEZ units, its unit was not granted renewal. Surprisingly, the respondent no. 2 during the said meeting held on 3rd July 2017 rejected the proposal of the petitioner without assigning any reasons. Admittedly, the petitioner was granted Letter of Permission [LoP] under the erstwhile Import-Export Policy dated 15th May 1996 for manufacturing of all types of plastic bags-Garbage collection/carry/shopping bags, etc., and subsequently, on a request having been made by the petitioner-unit, the said LoA was also amended/broad banded to include recycling activity of worn and used clothing on 27th September 2001, after conversion of the said Free Trade Zone [FTZ] into SEZ unit with effect from 1st November 2000 and thereafter, their five-year block period was recasted from 1st November 2000 to 31st October 2005. Rule 18 of the SEZ Rules, 2006 empowers the Board of Approval which is an inter-ministerial body constituted under section 8 of the SEZ Act to decide extension of validity of LoA granted to such units. The petitioner’s case requires reconsideration by the authority particularly to examine the similarity with other existing units which according to the petitioners were granted renewal despite being non operational for extended period - Petition allowed by way of remand.
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