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OM PRAKASH SUD Versus STATE OF J & K

W.P.(C) 3464 of 1980 - Dated:- 16-2-1981 - PATHAK, R.S. REDDY, O. CHINNAPPA, AND ISLAM, BAHARUL, JJ. For the Petitioner : . S. N. Kacker, K. N. Bhatt and Surendara Raju, And Soli J. Sorabjee, E. C. Agarwala, R. Satish and V. K. Pandita, And L. N. Sinha, Att. Genl. and Altaf Ahmed, Y. S. Chitaley and Vineet Kumar, R. P. Bhatt and N. R. Chaudhary, Anil Dev Singh and Ashok Grover. For the Respondent : S. K. Bhattacharya and Suresh Sethi, And Satish Vij JUDGMENT: BAHARUL ISLAM, J.- BY these writ pet .....

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e of resin and turpentine oil. The industries of the petitioners' in Writ Petitions Nos. 3465 of 1980 and 3231 of 1980 were provisionally registered but revalidated for short periods. The industry of the petitioner in Writ Petition No. 3464 of 1980 was provisionally registered, revalidation was applied for but was not granted. The industry of the petitioner in Writ Petition No. 5908 of 1980 was formally registered. It appears that the petitioners were applying to the Government for allotment .....

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dia, namely, Himachal Pradesh, Uttar Pradesh and Jammu and Kashmir have Chir forests. 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. Sometime after October 1978 the State of Jammu and Kashmir, it has been further alleged, virtually created monopoly in favour of three exist .....

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ncluding the Deputy Minister of Industry and the Chief Minister of Jammu and Kashmir for allotment of raw-materials but to no avail. (For the sake of convenience we shall hereinafter refer only to the respondents and Annexures in W. P. No. 3231 of 1980). The petitioners further allege that while they were refused allotment of supply of raw- materials, respondent No. 1 made allotments to respondents No. 4 to 16 (hereinafter called "allottee respondents") although most of them were not e .....

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o. 27) is in the following terms:- "Sub: Supply of resin to M/s. Sud Pine Industries Kunwani for their factory at Talab Jammu. Government Order No. 175 DIC/1980 dated 30-5-1980. In partial modification of Government order No. 2. 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. to M/s. Sud Pine Industries for their factory at Kunjwani Talab Jammu on the terms and conditions specified in the above said order. The su .....

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M/s. Kashmir R & T Works, Srinagar, for their factory at Srinagar, subject to the terms and conditions of the agreement to be entered into between the Forest Department and the party and on the following specific conditions:- 1. 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; 2. The resin will be supplied @ ₹ 320/- per quintal, un .....

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nied 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 committee headed by Shri L. K. Jha, the Governor of the State. Respondent No. 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 .....

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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. Many areas of the State are as cut off, isolated and poor as they were at the dawn of independence. We have to improve the living standards in these specially backward areas for whom in terms of the quickest mode of transportation, Srinagar is more distant than the State is from Kerala. Many sections of the community similarly, lik .....

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ua 9 Anantnag 2 Srinagar 11 Outsiders 12 GRAND TOTAL 110 Applications - They have also shown the allotments of resin districtwise. The industries of the respondents No. 4 to 16 are also small scale industries. The break-up of the small scale industries as given in Annexure R.II (in W.P. No. 3464) shows that Jammu has the largest number of units namely, 10, Second comes Srinagar with 4, then come Udampur with 3, Kathua (in Jammu Division), Anantnag and Baramulla (in Kashmir Division), with one ea .....

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d be rationalised; (b) Applications received from various districts be considered for allotment of resin. The State Government have submitted that they made no promise of supply of raw-material in favour of any of the petitioners. The petitioners have submitted, in our opinion, correctly, that as there were already 10 units functioning in small scale sector in the Jammu region and inasmuch as the allottee respondents' industries were also located in the Jammu region, allocations in their fav .....

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eir statement is corroborated by the documents, that there is preponderance of industries in the Jammu region and industries of the petitioners as well as respondents No. 4 to 16 were also functioning in the same region. Respondent No. 1 has not 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. Pawan Kumar Sharma, the petitioner in W.P. No. 3231 of 1980 states that his i .....

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tment of the raw-materials but got no favourable reaction from the Government. He states that he had already established his factory and got it insured for a sum of ₹ 6.80 lakhs. He obtained raw-material from the open market and was running his industry. Petitioner, Ravindra Dutt of M/s. Dinesh Resin and Turpentines in W.P. No. 3465 of 1980 alleges that his industry was provisionally registered on 25-10-1975 which was extended upto April, 1979. Letter of 31st May, 1979 shows that his indus .....

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nd trying to get necessary quota of raw-materials from respondent No. 1. He was approaching the Government to get requisite quota. Sud Pine Industries, was provisionally registered on 10-3- 1978 and formally registered on 10-10-1978. It appears from Annexure N, in respect of respondent M/s Kashmir R & T Works (respondent No. 17), Annexure O in respect of M/s. Sun Shine R & T Industries (respondent No. 18), Annexure P in respect of M/s. Woolan Paints and Chemicals Scopore (respondent No. .....

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icals (respondent No. 26) that the allotments were made in their favour "from the date the unit is formally registered" which shows that industries were not even registered at the time of the impugned orders of this allotment. Respondent M/s. Rajindra R & T Industries, Udhampur, appears to stand on a different footing. He appears to have fulfilled all the conditions required for allocation of resin in accordance with the policy of the State of J & K. The industry is an experien .....

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s allotted only 200 tons although it had been sanctioned 1500 per ton per annum since 1975. Respondent M/s. Sud Pine Industries, M/s. Kashmir R & T Works, Bakshi Resin & Turpentine and M/s. K. C. Soni Bakshi also appear to be on different footings. It appears from Annexures 'X' and 'Y' that the first two industries have already been formally registered. They are existing units having already started production. So far as respondent M/s Bakshi Resin and Turpentine is conce .....

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iscrimination by the law or in their administration. No undue favour to one or hostile discrimination to another should be shown. A classification is reasonable when it is not an arbitrary selection but rests on differences pertinent to the subject in respect of which the classification is made. The classification permissible must be based on some real and substantial distinction, a just and reasonable relation to the objects sought to be attained and cannot be made arbitrarily and without any s .....

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