VidhiSangh

Supreme Court of India · 13/07/2022

SWAMI SAMARTH SUGARS AND AGRO INDUSTRIES LTD. versus LOKNETE MARUTRAO GHULE PATIL DNYANESHWAR SAHAKARI SAKHAR KARKHANA LTD & ORS.

[2022] 17 S.C.R. 54 · 2022 INSC 717

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Summary

A new sugar factory's IEM, acknowledged in 2010, was at once challenged by the existing factory over aerial distance; the petitions failed in 2014 and the distance certificate was declared unchallengeable. Denied an environmental clearance, the entrepreneur obtained extensions and a change of site from the Central Government. The Bombay High Court cancelled the IEM as de-recognised under Clause 6C of the Sugarcane (Control) Order, 1966 and applied the later 25 km norm. The Supreme Court allowed the appeals. Time spent under the cloud of rival litigation, even without a stay, could be excluded; the extensions were valid decisions under the amended Control Order, which applies retrospectively; the distance norm on the date of the IEM governs; and an IEM does not lapse automatically unless the performance guarantee is forfeited after a hearing under Clause 6D.

Issues

  1. Whether the period spent in litigation initiated by rivals against an IEM, without any stay, may be excluded in computing the time for taking effective steps and commencing production under Clause 6C of the Sugarcane (Control) Order, 1966.
  2. Whether the State's enhanced 25 km minimum distance norm of 2011 applied to an IEM acknowledged in 2010, after the High Court had held the aerial distance certificate could not be reopened.
  3. Whether an IEM lapses automatically on expiry of the time under Clause 6C, or only after forfeiture of the performance guarantee following a hearing under Clause 6D.
  4. Whether the Central Government's grant of extensions and change of location was open to interference in judicial review.

Provisions considered

Held

Result

Appeals allowed; the High Court's order of 23.07.2021 set aside and the writ petitions dismissed. The period spent in the second round of litigation is also to be excluded in determining the time for setting up the plant and commencing commercial production.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 54.