UNION OF INDIAversusM/S. AGRO ENGINEERING (MP). PVT. LTD. AND ORS.
- Citation
- 1996 INSC 220
- Decided
- 9 February 1996
- Disposal
- Disposed off
Holding
Applications made on or before 30 September 1988 that substantially comply with the scheme’s guidelines must be considered and disposed of for granting subsidy as per the scheme.
Summary
The petition concerned applications for a government subsidy filed on or before 30 September 1988 that substantially complied with the scheme’s guidelines. The petitioners contended that such applications should be considered for grant of subsidy, while the respondents opposed the claim. The Supreme Court examined the matter in light of three earlier decisions—Union of India v. Aarbee Pipe & Profiles & Ors., Umesh Textile & Anr. v. Union of India & Anr., and State of M.P. v. Agro Engineering (MP) Pvt. Ltd. & Ors.—which uniformly held that applications meeting the deadline and guideline requirements must be entertained. Applying that precedent, the Court ordered that the applications be examined and disposed of for subsidy, remitted the matter to the Government and the designated committee, and disposed of the appeal without costs.
Issues considered
- Whether applications for subsidy made on or before 30 September 1988, substantially complying with the prescribed guidelines, are entitled to consideration and grant of subsidy under the scheme.
Subjects
Judgment
UNION OF INDIA A
v.
MIS. AGRO ENGINEERING (MP). PVT. LTD. AND ORS.
FEBRUARY 9, 1996
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.) B
Subsidy-Grant of-{]nder the scheme-Applications made on or before
September 30, 1988 substantially complying with the requirements enumerated
in the guidelines issued by Govemment of India-To be considered and dis-
posed of for granting subsidy as per scheme-Matter remitted to the Govem- C
ment-The Committee constituted in that behalf to examine and dispose it of
in the light of the law aid down by Supreme Court in :
Union of India v. Aarbee Pipe & Profiles & Ors., dated February 1,
1996; Umesh Textile & Anr. v. Union of India & Anr., dated December 5,
1995 and State of M.P. v. Agro Engineering (MP) Pvt. Ltd. & Ors., dated D
November 1, 1995.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3625 of
1996.
From the Judgment and Order dated 25.7.94 of the Madhya Pradesh E
High Court in M.P. No. 1435 of 1990.
K.T.S. Tulsi, Additional Solicitor General, A.S. Rawat and D.S.
Mehra for the Appellants.
A.K. Sanghi, N.K. Dabe and Diwakar Chaturvedi for the Respon- F
dents.
The following Order of the Court was delivered :
Delay Condoned.
G
Leave granted.
-- There are three orders passed by this Court : in Union of India v.
Aarbee Pipe & Profiles & Ors., dated February 1, 1996 by a Bench of three
Judges ; Umesh Textile & Anr. v. Union of India & Anr., dated December
5, 1995 by a Bench of two Judges and State of M.P. v. Agro Engineering H
409
~
,)
410 SUPREME COURT REPORTS [1996] 2 S.C.R.
A (MP) Pvt. Ltd. & Ors., dated November 1, 1995 by a Bench of two Judges.
The substratum of the directions in all those cases is that if the applications
are made on or before September 30, 1988 substantially complying·with the
requirements enumerated in the guidelines issued by the Government of
India, they would be considered and disposed of for granting subsidy as
per the scheme. The same should be the order in this case. The appeal is
B
disposed of accordingly. The matter is remitted to the Government and the
Committee constituted in that behalf would examine the case and dispose
it pf in the light of the law laid down by this Court. No costs.
G.N. Appeal disposed of.
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