VidhiSangh

Supreme Court of India · 09/05/2017

SHIVASHAKTI SUGARS LIMITED versus SHREE RENUKA SUGAR LIMITED & ORS.

[2017] 2 S.C.R. 947 · 2017 INSC 1290

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Summary

Shivashakti’s sugar factory was permitted to continue operating. On the relevant facts, the nearby closed and liquidating mill was not an existing factory attracting the distance restriction. Official permissions, substantial investment, employment, power generation and cane availability also justified relief. Fourteen villages were to be restored to the respondent’s allocation.

Issues

  1. Whether the nearby non-operational mill attracted the distance restriction on these facts.
  2. Whether the operating factory should continue subject to protective conditions.

Provisions considered

Held

Result

Appeals allowed without costs; High Court directions set aside and factory operation permitted, conditional on taking fourteen originally respondent-assigned villages from the appellant and reallocating them to the respondent.

Judgment PDF: Supreme Court of India, [2017] 2 S.C.R. 947.