words per minute
39
1998Raunak
00:00
Speed
The learned senior counsels for the petitioner(s) submit that the claim of additional RPC allocation made by M/s Sanvira Industries on the basis of its alleged additional installed/production capacity of 3,30,000 MT had been rejected by the Supreme Court in its order dated 28.01.2019 while dismissing its application. There was, therefore, no basis for taking this alleged additional production capacity into account while making the allocation of RPC in the Impugned Minutes of Meeting. They further submit, that the additional production capacity could not have been taken into account without a valid Consent to Operate as on 09.10.2018,which is admittedly the cut-off date taken by the Committee. They submit that admittedly, the Consent to Operate for the additional capacity of 1,30,000 MT was granted to M/s Sanvira Industries by APPCB only WP(C) No.3709/2020, 3773/2020 & 3790/2020 Page 20 on 29.11.2018, that is beyond the cut-off date of 09.10.2018. Therefore, this additional capacity could not have been taken into account while making allocation of RPC quota in favour of M/s Sanvira Industries. They submit that the decision is therefore, perverse and completely irrational. They submit that the interpretation placed by the Committee to the effect that the production capacity being there as on 09.10.2018, the Consent to Operate could have been obtainedon a later date, is completely perverse and contrary to the earlier practice followed by the respondents itself. On the other hand, the learned senior counsel for M/s Sanvira Industries and the learned Additional Solicitor General appearing for the DGFT submit that there wasa change of criteria adopted in the Public Notice dated 17.04.2020 issued by the respondents. They submit that as against the earlier requirement of production capacity being certified by the Industrial Unit/applicant, by the Public Notice dated 17.04.2020, the same was to be certified by the State Pollution Control Board. In the present case, the APPCB certified the production capacity of M/s Sanvira Industries as on 09.10.2018 to be 3,30,000 MT and therefore, the same has been rightly used for making allocation of RPC in favour of M/s Sanvira Industries. They submit that in absence of any challenge to the Public Notice dated 17.04.2020 and/or the Certificate issued by the APPCB certifying the production capacity of M/s Sanvira Industries as 3,30,000 MT as on 09.10.2018, the challenge laid by the petitioner(s) is unfounded and is liable to be rejected.