Himachal Pradesh High Court
Union Of India And Another vs Atul Sharma And Others on 16 July, 2025
( 2025:HHC:23339 )
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
LPA No. 169 of 2025 alongwith
connected matters
.
Decided on: 16th July, 2025
_________________________________________________
LPA No. 169 of 2025
Union of India and another ....Appellants.
Versus
Atul Sharma and others ...Respondents
CWP No. 7178 of 2025
M/s Samay Pharma India Pvt. Ltd. ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.8528 of 2025
Hotel Jogini Heights ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.8529 of 2025
La Paraiso Resort and Spa ....Petitioner
Versus
Union of India and others ...Respondents
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CWP No.8530 of 2025
Rigzin House ....Petitioner
Versus
.
Union of India and others ...Respondents
CWP No.8561 of 2025
M/s Geon International Pvt. Ltd. ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.8771 of 2025
Ramsons Himachal Fantasia partnership firm ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.8816 of 2025
AMN LIFE PRIVATE LIMITED ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.9059 of 2025
M/s Luxmi Packers Unit-II ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.9244 of 2025
KASAULI HOSPITALITY SERVICES PVT. LTD. ....Petitioner
Versus
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Union of India and others ...Respondents
CWP No.9314 of 2025
.
M/s Friends Alloys ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.9386 of 2025
M/s Okaya Fujikawa Power Pvt. Ltd. ....Petitioner
Versus
Union of India and others
r ...Respondents
CWP No.9425 of 2025
Mountain Pearl Guest House ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.9427 of 2025
Snow Castle Guest House ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.9429 of 2025
The Sylvan Hues ....Petitioner
Versus
Union of India and others ...Respondents
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CWP No.9467 of 2025
MOUNTAIN View Resort ....Petitioner
Versus
.
Union of India and others ...Respondents
CWP No.9532 of 2025
Anil Kumar ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.9763 of 2025
Shirar Resort and Spa ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.9767 of 2025
Moksha Riverside ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.9768 of 2025
Hotel New Nakshatra ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.9769 of 2025
Swastik Grand Guest House ....Petitioner
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Versus
Union of India and others ...Respondents
CWP No.9999 of 2025
.
Super Print Solutions ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10013 of 2025
ULTRA DRUGS PRIVATE Limited Company ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10015 of 2025
ULTRA DRUGS PRIVATE Limited Company ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10049 of 2025
Unlimited Prints ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10050 of 2025
Lavang House ....Petitioner
Versus
Union of India and others ...Respondents
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CWP No.10107 of 2025
The Voyage Resort and Spa ....Petitioner
.
Versus
Union of India and others ...Respondents
CWP No.10109 of 2025
The Golden Peak Guest House ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10110 of 2025
Rocky Mountain Guest House ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10240 of 2025
Adhunik Packages Private Limited Unit-II ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10301 of 2025
Shree Naina Glass INC. ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10302 of 2025
Shree Naina Packaging INC. ....Petitioner
Versus
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Union of India and others ...Respondents
CWP No.10312 of 2025
.
Yaato Retreat ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10313 of 2025
The Stone House Cottage ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10314 of 2025
Snow Creek Cottage ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10315 of 2025
Blue Lotus Residences ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10452 of 2025
M/s Sark Genex ....Petitioner
Versus
Union of India and others ...Respondents
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CWP No.10507 of 2025
M/s Floating Cloud Resort and Spa LLP ....Petitioner
Versus
.
Union of India and others ...Respondents
CWP No.10610 of 2025
Rustic Wood Guest House ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10611 of 2025
Himalayan Park ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10612 of 2025
The Sattva Guest House ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10613 of 2025
Norling Inn and Spa ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10646 of 2025
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Microtek New Technologies Private Limited Unit-II ....Petitioner
Versus
.
Union of India and others ...Respondents
CWP No.10648 of 2025
M/s Microtek International Private Limited Unit-VII ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10650 of 2025
M/s Microtek International Private Limited Unit-VIII ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10669 of 2025
Girdhari Lal Chopra ....Petitioner
Versus
Union of India and others ...Respondents
CWP No.10814 of 2025
Microtek International Private Limited Unit-I ....Petitioner
Versus
Union of India and others ...Respondents
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CWP No. 11001 of 2025
Ajna Resort ....Petitioner
Versus
.
Union of India and others ...Respondents
CWP No. 11259 of 2025
M/S Roseate Medicare ....Petitioner
Versus
Union of India and others ...Respondents
CWP No. 11187 of 2025
Snow White Resort ....Petitioner
Versus
Union of India and others ...Respondents
CWP No. 11189 of 2025
Hotel Himalayan Oak ....Petitioner
Versus
Union of India and others ...Respondents
LPA No.201 of 2025
The Union of India and others ....Appellants
Versus
Higgs Healthcare and another ...Respondents
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LPA No.202 of 2025
The Union of India and others ....Appellants
Versus
.
Haripur Paper Company and another ...Respondents
LPA No.203 of 2025
The Union of India and others ....Appellants
Versus
Unix Biotech and another
r ...Respondents
LPA No.213 of 2025
The Union of India and others ....Appellants
Versus
Higgs Healthcare Unit-III and another ...Respondents
LPA No.239 of 2025
The Union of India and others ....Appellants
Versus
Higgs Life Sciences Pvt. Ltd. and another ...Respondents
LPA No.304 of 2025
The Union of India and others ....Appellants
Versus
MEDIWELL BIOTECH and another ...Respondents
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LPA No.305 of 2025
Union of India and another ....Appellants
Versus
.
M/s Arra Polymers LLP and others ...Respondents
CMP(M) No. 900 of 2025 & LPA No.395 of 2025
Union of India and another ....Applicants/appellants
Versus
Eva Grow Medicaps Pvt. Ltd. and others
r ...Respondents
CMP(M) No. 901 of 2025 & LPA No.397 of 2025
The Union of India and others ....Applicants/Appellants
Versus
M/s Tesna Tech Pvt. Ltd. and another
...Respondents
CMP(M) No. 902 of 2025 & LPA No.399 of 2025
The Union of India and others ....Applicants/Appellants
Versus
M/S Hanuchem Laboratories (Unit-III) and others
...Respondents
CMP(M) No. 903 of 2025 & LPA No.402 of 2025
The Union of India and others ....Applicants/Appellants
Versus
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M/s Sylvan Greens Pvt. Ltd. and others
...Respondents
CMP(M) No. 904 of 2025 & LPA No.403 of 2025
.
The Union of India and another ....Applicants/Appellants
Versus
Elation Pharma and others
...Respondents
CMP(M) No. 905 of 2025 & LPA No.405 of 2025
Union of India and another
r ....Applicants/Appellants
Versus
M/s TAVLEEN RESORTS AND SPA PVT. LTD. and others
...Respondents
CMP(M) No. 906 of 2025 & LPA No.407 of 2025
The Union of India and another ....Applicants/Appellants
Versus
M/s M Sea Pharmaceuticals Pvt. Ltd. and others
...Respondents
CMP(M) No. 907 of 2025 & LPA No. 398 of 2025
The Union of India and others ....Applicants/Appellants
Versus
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M/S RUCHIRA PRINTING AND PACKAGING and another
...Respondents
CMP(M) No. 910 of 2025 & LPA No. 400 of 2025
.
The Union of India and another ....Applicants/Appellants
Versus
Sri Ram Healthcare Pvt. Ltd. and others
...Respondents
CMP(M) No. 911 of 2025 & LPA No. 401 of 2025
The Union of India and another
r ....Applicants/Appellants
Versus
CMG Biotech Private LTD., and others
...Respondents
CMP(M) No. 923 of 2025 & LPA No.404 of 2025
The Union of India and another ....Applicants/Appellants
Versus
Deep Waters and others ...Respondents
CMP(M) No. 924 of 2025 & LPA No. 406 of 2025
The Union of India and another ....Applicants/Appellants
Versus
Tedavi Life Sciences Pvt. Ltd. and others
...Respondents
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CMP(M) No. 925 of 2025 & LPA No.408 of 2025
The Union of India and another ....Applicants/Appellants
.
Versus
Seamac Formulations Pvt. Ltd. and others
...Respondents
CMP(M) No. 926 of 2025 & LPA No. 412 of 2025
The Union of India and others ....Applicants/Appellants
r toVersus
M/S AB Tools Pvt. Ltd. and another
...Respondents
CMP(M) No. 927 of 2025 & LPA No. 414 of 2025
Union of India and another ....Applicants/Appellants
Versus
Goyal Furniture Pvt. Ltd. and others
...Respondents
CMP(M) No. 932 of 2025 & LPA No. 415 of 2025
The Union of India and another ....Applicants/Appellants
Versus
Steelking Enterprises Pvt. Ltd. and others
...Respondents
CMP(M) No. 933 of 2025 & LPA No.417 of 2025
The Union of India and another ....Applicants/Appellants
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Versus
M/S Advance Packaging and others
.
...Respondents
CMP(M) No. 934 of 2025 & LPA No.419 of 2025
The Union of India and another ....Applicants/Appellants
Versus
M/s Hanuchem Laboratories (Unit-iii) and others
...Respondents
CMP(M) No. 935 of 2025 & LPA No.409 of 2025
The Union of India and another ...Applicants/Appellants
Versus
M/S Himalayan Village Resort Pvt. Ltd. and others
...Respondents
CMP(M) No. 937 of 2025 & LPA No. 410 of 2025
Union of India and others ....Applicants/Appellants
Versus
M/s HIMTEX TEXTILES (P) LTD. and another
...Respondents
CMP(M) No. 939 of 2025 & LPA No. 365 of 2025
The Union of India and another ....Applicants/Appellants
Versus
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M/S MAHADEV FOUNDRY and others
...Respondents
CMP(M) No. 940 of 2025 & LPA No. 367 of 2025
.
The Union of India and another ....Applicants/Appellants
Versus
HIMACHAL WIRE INDUSTRIES PVT LTD. and others
...Respondents
CMP(M) No. 941 of 2025 & LPA No. 369 of 2025
The Union of India and another
r ....Applicants/Appellants
Versus
Heritage Satikva Resorts and others
...Respondents
CMP(M) No. 942 of 2025 & LPA No.370 of 2025
The Union of India and another ....Applicants/Appellants
Versus
Brijsons Hetreat and others
...Respondents
CMP(M) No. 943 of 2025 & LPA No. 411 of 2025
The Union of India and another ...Applicants/Appellants
Versus
M/S United Biotech Pvt. Ltd. and others
...Respondents
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CMP(M) No. 944 of 2025 & LPA No.372 of 2025
Union of India and another ....Applicants/Appellants
Versus
.
M/S NANZ MED SCIENCES PHARMA PVT LTD and others
...Respondents
CMP(M) No. 945 of 2025 & LPA No. 373 of 2025
The Union of India and another ....Applicants/Appellants
Versus
M/S PROTECK TELELINKS and others
r ...Respondents
CMP(M) No. 946 of 2025 & LPA No. 375 of 2025
The Union of India and another ....Applicants/Appellants
Versus
R. M. Industries and others
...Respondents
CMP(M) No.947 of 2025 & LPA No.377 of 2025
The Union of India and another ...Applicants/Appellants
Versus
M/S EASTMAN AUTO AND POWER LTD. UNIT-II and another
...Respondents
CMP(M) No.948 of 2025 & LPA No.413 of 2025
The Union of India and another ....Applicants/Appellants
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Versus
M/S RIDGE FORMULATIONS PVT. LTD. and others
.
...Respondents
CMP(M) No. 949 of 2025 and LPA No.366 of 2025
The Union of India and another ...Applicants/Appellants
Versus
APPLE PARADISE GUEST HOUSE and others
r ...Respondents
CMP(M) No. 950 of 2025 and LPA No.368 of 2025
The Union of India and another ...Applicants/Appellants
Versus
KARUNA and others
...Respondents
CMP(M) No. 951 of 2025 and LPA No.371 of 2025
The Union of India and another ...Applicants/Appellants
Versus
WAZIN INN GUEST HOUSE and others
...Respondents
CMP(M) No. 952 of 2025 and LPA No.374 of 2025
The Union of India and others ...Applicants/Appellants
Versus
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M/S HIM TEKNO FORGE LTD. and another
...Respondents
CMP(M) No. 954 of 2025 and LPA No.376 of 2025
.
The Union of India and others ...Applicants/Appellants
Versus
M/S Sorbax Pharmaceuticals Pvt. Ltd. and others
...Respondents
CMP(M) No. 956 of 2025 and LPA No.378 of 2025
The Union of India and others
r ...Applicants/Appellants
Versus
M/S Okaya EV Pvt. Ltd. and another
...Respondents
CMP(M) No. 957 of 2025 and LPA No.379 of 2025
Union of India and another ...Applicants/Appellants
Versus
M/S J.B. ROLLING MILLS LIMITED UNIT 2 and another
...Respondents
CMP(M) No. 958 of 2025 and LPA No.381 of 2025
Union of India and another ...Applicants/Appellants
Versus
M/s Trilokpur Power (P) Ltd. and another
...Respondents
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CMP(M) No. 959 of 2025 and LPA No.383 of 2025
The Union of India and others ...Applicants/Appellants
Versus
.
Shivalik Containers (P) Ltd. and another
...Respondents
CMP(M) No. 960 of 2025 and LPA No.385 of 2025
Union of India and another ...Applicants/Appellants
Versus
M/S Horizon Meltatech Pvt. Ltd., and others
...Respondents
CMP(M) No. 961 of 2025 and LPA No.421 of 2025
The Union of India and others ...Applicants/Appellants
Versus
JPD Precision Fasteners (P) Ltd. and another
...Respondents
CMP(M) No. 962 of 2025 and LPA No.423 of 2025
The Union of India and others ...Applicants/Appellants
Versus
M/S MILESTONE GEARS PVT. LTD UNIT-VII and another
...Respondents
CMP(M) No. 963 of 2025 and LPA No.424 of 2025
Union of India and another ...Applicants/Appellants
Versus
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M/S Mahalakshmi Spintex (P) Ltd. and another
...Respondents
CMP(M) No. 964 of 2025 and LPA No.426 of 2025
.
The Union of India and others ...Applicants/Appellants
Versus
M/S NGG Power Tech India Pvt. Ltd. and another
...Respondents
CMP(M) No.965 of 2025 and LPA No.428 of 2025
Union of India and another
r ...Applicants/Appellants
Versus
M/S ZEON BIOSYS and another
...Respondents
CMP(M) No. 966 of 2025 and LPA No.430 of 2025
Union of India and others ...Applicants/Appellants
Versus
M/S Maxtar Bio-Genics and another
...Respondents
CMP(M) No. 967 of 2025 and LPA No.431 of 2025
The Union of India and another ...Applicants/Appellants
Versus
M/S Saroj Industries and others
...Respondents
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CMP(M) No. 968 of 2025 and LPA No.442 of 2025
The Union of India and another ...Applicants/Appellants
Versus
.
ROMA PHARMA PVT LTD and others
...Respondents
CMP(M) No. 969 of 2025 and LPA No.433 of 2025
The Union of India and another ...Applicants/Appellants
Versus
HUKAM'S HOLIDAY HOME and others
...Respondents
CMP(M) No. 970 of 2025 and LPA No.422 of 2025
The Union of India and others ...Applicants/Appellants
Versus
M/S Vimal Industries and another
...Respondents
CMP(M) No. 971 of 2025 and LPA No.425 of 2025
The Union of India and others ...Applicants/Appellants
Versus
M/S OKAYA PVT LTD UNIT-2 and another
...Respondents
CMP(M) No. 972 of 2025 and LPA No.427 of 2025
The Union of India and others ...Applicants/Appellants
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Versus
M/S OKAYA PVT LTD UNIT-1 and another
...Respondents
.
CMP(M) No. 973 of 2025 and LPA No.429 of 2025
The Union of India and another ...Applicants/Appellants
Versus
Sri Ram Healthcare Pvt. Ltd. Unit-II and others
...Respondents
CMP(M) No.974 of 2025 and LPA No.432 of 2025
The Union of India and others ...Applicants/Appellants
Versus
M/S Globe Precision Industries Pvt. Ltd., and another
...Respondents
CMP(M) No.975 of 2025 and LPA No.436 of 2025
The Union of India and others ...Applicants/Appellants
Versus
M/S Milestone Gears Pvt. Ltd. Unit-IX and another
...Respondents
CMP(M) No.976 of 2025 and LPA No.437 of 2025
The Union of India and others ...Applicants/Appellants
Versus
M/S COSMO FERRITES LTD and another
...Respondents
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25
CMP(M) No.977 of 2025 and LPA No.438 of 2025
The Union of India and others ...Applicants/Appellants
.
Versus
M/S OKAYA PVT LTD UNIT-1 and another
...Respondents
CMP(M) No.978 of 2025 and LPA No.440 of 2025
The Union of India and another ...Applicants/Appellants
Versus
M/S SOH MED CARE PVT LTD., and others
r ...Respondents
CMP(M) No.979 of 2025 and LPA No.434 of 2025
The Union of India and others ...Applicants/Appellants
Versus
M/S Milestone Gears Pvt. Ltd. Unit IV and another
...Respondents
CMP(M) No.980 of 2025 and LPA No.435 of 2025
The Union of India and another ...Applicants/Appellants
Versus
M/S DS Drinks and Beverages Pvt. Ltd. Unit V and others
...Respondents
CMP(M) No.981 of 2025 and LPA No.439 of 2025
The Union of India and others ...Applicants/Appellants
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Versus
M/S OKAYA PVT LTD Unit-2 and another
...Respondents
.
CMP(M) No.982 of 2025 and LPA No.380 of 2025
The Union of India and others ...Applicants/Appellants
Versus
MERION CARE PVT LTD and another
...Respondents
CMP(M) No.983 of 2025 and LPA No.382 of 2025
Union of India and another ...Applicants/Appellants
Versus
Mountain Eco Tourism Partnership Firm and others
...Respondents
CMP(M) No.985 of 2025 and LPA No.416 of 2025
The Union of India and others ...Applicants/Appellants
Versus
M/S Milestone Gears Pvt. Ltd. Unit- VIII and another
...Respondents
CMP(M) No.986 of 2025 and LPA No.384 of 2025
The Union of India and others ...Applicants/Appellants
Versus
Auraya Healthcare Unit-II and another
...Respondents
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CMP(M) No.987 of 2025 and LPA No.386 of 2025
Union of India and another ...Applicants/Appellants
Versus
.
M/S ADITYA INDUSTRIES and another
...Respondents
CMP(M) No.988 of 2025 and LPA No.387 of 2025
The Union of India and others ...Applicants/Appellants
Versus
M/S ANGAD ENTERPRISES and another
...Respondents
CMP(M) No.989 of 2025 and LPA No.389 of 2025
The Union of India and another ...Applicants/Appellants
Versus
M/S EVETS GLASS AND POLYMER PVT LTD and others
...Respondents
CMP(M) No.990 of 2025 and LPA No.391 of 2025
The Union of India and others ...Applicants/Appellants
Versus
M/S ARIHANT LABELS and another
...Respondents
CMP(M) No.991 of 2025 and LPA No.392 of 2025
The Union of India and another ...Applicants/Appellants
Versus
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M/S Care Cosmetics and others
...Respondents
CMP(M) No.992 of 2025 and LPA No.441 of 2025
.
Union of India and another ...Applicants/Appellants
Versus
M/S J.B. ROLLING MILLS LIMITED UNIT 3 and another
...Respondents
CMP(M) No.993 of 2025 and LPA No.394 of 2025
The Union of India and another ...Applicants/Appellants
Versus
RRD OIL AND FATS PVT LTD and others
...Respondents
CMP(M) No.994 of 2025 and LPA No.418 of 2025
The Union of India and others ...Applicants/Appellants
Versus
M/S PHARMINOX LABORATORIES and another
...Respondents
CMP(M) No.995 of 2025 and LPA No.420 of 2025
The Union of India and others ...Applicants/Appellants
Versus
Mohit Plastics and another
...Respondents
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CMP(M) No.996 of 2025 and LPA No.388 of 2025
The Union of India and others ...Applicants/Appellants
Versus
.
M/S G.D.H. Industries and another
...Respondents
CMP(M) No.997 of 2025 and LPA No.390 of 2025
The Union of India and others ...Applicants/Appellants
Versus
Hira Filters and another
...Respondents
CMP(M) No.998 of 2025 and LPA No.393 of 2025
The Union of India and another ...Applicants/Appellants
Versus
M/S Eastman Auto and Power Ltd., and another
...Respondents
CMP(M) No.999 of 2025 and LPA No.396 of 2025
The Union of India and others ...Applicants/Appellants
Versus
M/S PRIME STEEL INDUSTRIES PVT LTD and another
...Respondents
___________________________________________________
Coram
Hon'ble Mr. Justice G.S. Sandhawalia, Chief Justice
Hon'ble Mr. Justice Ranjan Sharma, Judge
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Whether approved for reporting? 1
For the Appellants: Mr.N.Venkataraman, Additional Solicitor
General of India (Senior Advocate) (through
V.C.) and Mr. Balram Sharma, Deputy
Solicitor General of India with Mr. Lokinder
.
Thakur, Ms. Reeta Thakur, Ms. Sheetal
Sharma Vyas, Ms. Vandana Misra, Mr. Shiv
Pal Manhans, Mr. Nand Lal Thakur,
Mr.Harish Sharma, Mr. Avinash Jaryal,
Mr.Bharat Bhushan, Mr. Shashi Shirshoo,
Mr. Vir Bahadur Verma, Mr.Rajinder Thakur,
Mr. Shyam Singh, Mr. Anshul Attri, Mr. Ajay
Kumar Chauhan, Mr. Janak Raj, Mr.
Narender Thakur, Mr. Praveen Kumar
Bhatti, Mr. Kunal Thakur, Central
Government Counsel, Advocate, for the
appellants-Union of India, in respective
Appeals.
r Mr. Suneet Goel, Senior Advocate with
Mr. Vivek Negi, Mr. Aman Hansretta,
Mr. Susheel Gautam, Mr.Mukul Sood,
Mr. Vivek Thakur, Mr. Ajay Thakur, Mr. Anuj
Nag, Mr.Hakam Bhardwaj, Mr. Ajay Vaidya,
Mr. Manik Sethi, Mr.Ashwani Kumar
Sharma, Mr. Shivank Singh Panta, Mr. Ajay
Kumar, Mr. Manik Sethi and Ms.Shradha
Karol, Mr.Vaibhav Singh Chauhan,
Advocates, for the respective petitioners in
the respective petitions.
For the respondents: Mr. N.Venkataraman, Additional Solicitor
General of India (Senior Advocate) (through
V.C.) and Mr. Balram Sharma, Deputy
Solicitor General of India with Mr. Lokinder
Thakur, Ms. Reeta Thakur, Ms. Sheetal
Sharma Vyas, Ms. Vandana Misra, Mr. Shiv
Pal Manhans, Mr. Nand Lal Thakur,
Mr.Harish Sharma, Mr. Avinash Jaryal,
Mr.Bharat Bhushan, Mr. Shashi Shirshoo,
Mr. Vir Bahadur Verma, Mr.Rajinder Thakur,
Mr. Shyam Singh, Mr. Anshul Attri, Mr. Ajay
Kumar Chauhan, Mr. Janak Raj,
1
Whether reporters of Local Papers may be allowed to see the judgment?
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31
Mr.Narender Thakur, Mr. Praveen Kumar
Bhatti, Mr. Kunal Thakur, Central
Government Counsel, Advocate, for the
respondents-Union of India, in respective
Writ Petitions.
.
Mr. K.D. Shreedhar, Senior Advocate with
Ms. Sneh Bhimta, Advocate Mr.Sunil
Mohan Goel, Senior Advocate with Mr.
Abhinav M. Goel, Advocate, Mr.Neeraj
Gupta, Senior Advocate with Mr.Pranjal
Munjal and Mr.Manvender Singh,
Advocates, Mr.Vedhant Ranta, Ms. Prajwal
Busta, Mr. Ajay Vaidya, Mr. Aakash Thakur,
Mr.Ajay Thakur, Mr. Rohit Chauhan and Mr.
Manik Sethi, Advocates for the respective
respondents.
Mr. Anups Rattan, Advocate General with
Mr. Arsh Rattan, Deputy Advocate General,
r for respondents-State.
G.S. Sandhawalia, Chief Justice (Oral)
CMP(M) No.900 to 907, 910, 911, 923 to 927, 932
to 935, 937, 939 to 952, 954, 956 to 983, 985 to
999 of 2025
Heard. Keeping in view the averments made in the
application(s), duly supported by the affidavit(s), the delay in
filing the Appeal(s) is condoned. The applications stand
disposed of.
LPA No. 169 of 2025 alongwith CWP Nos. 7178,
8528, 8529, 8530, 8561, 8771, 8816, 9059, 9244,
9314, 9386, 9425, 9427, 9429, 9467, 9532, 9763,
9767 to 9769, 9999, 10013, 10015, 10049, 10050,
10107, 10109, 10110,10240,10301, 10302,10312 to
10315, 10452, 10507, 10610 to 10613, 10646,
10648, 10650, 10669, 10814, 11001, 11259,11187
and 11189 of 2025, LPA Nos. 201, 202, 203, 213,
239,304, 305, 395, 397, 399, 402, 403, 405, 407,
398, 400, 401, 404, 406, 408, 412, 414, 415, 417,
419, 409, 410, 365, 367, 369, 370, 411, 372, 373,
375, 377, 413, 366, 368, 371, 374, 376, 378, 379,
381, 383, 385, 421, 423, 424, 426, 428, 430, 431,
442, 433, 422, 425, 427, 429, 432, 436, 437, 438,
.
440, 434, 435, 439, 380, 382, 416, 384, 386, 387,
389, 391, 392, 441, 394, 418, 420, 388, 390, 393 and
396 of 2025.
2. The present order shall dispose of the LPAs filed by
the Union of India against the judgment of learned Single
Judge, whereby while deciding six cases, lead case whereof
was CWP No.10600 of 2024 titled Atul Sharma Vs. Union of
India & others, the directions were issued to the appellant-
Union of India and Ministry of Commerce and Industry
(Department of Industrial Policy & Promotion), Govt. of India, to
place the matter before the Empowered Committee chaired by
Secretary, Department of Industrial Policy & Promotion
constituted in terms of Clause 6.1 of the Scheme for
registration. In case, the petitioners were found eligible for the
incentives of the scheme, they were to be granted the same
without being influenced by the letters dated 09.11.2023 and
30.07.2024 (Annexures P-12 & P-11, respectively). The
appeals thus are against the Union of India against the
decision of the learned Single Judge in the six cases and in the
other cases orders have been passed by which the learned
Single Judge allowed the writ petitions by taking the same view
and granted the same relief.
.
3. Since a large number of cases as such came to be
filed, it was directed that the writ petitions should also be listed
before this Court as the pleadings as such had not been
completed. Resultantly, the writ petitioners as such are
seeking, in principle, the same relief of consideration dehors
the impugned letters issued by Union of India dated 09.11.2023
and 30.07.2024.
4. A perusal of the aforesaid letters would go on to
show that appellant No.2 had communicated to the State as
such that the benefits were only to be extended to the already
registered Units and no claims will be entertained from the un-
registered Units.
5. The learned Single Judge came to the conclusion
that the cases of the writ petitioners as such had not been
placed before the Empowered Committee for registration and
the recommendation had duly been made by the State and
therefore, keeping in view the fact that the Union of India had
approved an additional outlay of Rs.1164.53 Crore under the
Scheme for the State of Himachal Pradesh and Uttarakhand
and the fact that the case has been recommended by the
State, consideration had been directed on the principle of
.
legitimate expectations by relying upon the judgment of the
Apex Court in State of Jharkhand and others Vs.
Brahmputra Metallics Limited, Ranchi and another, (2023)
10 Supreme Court Cases, 634.
6. It has now been brought to our notice in the lead
case Atul Sharma in pursuance of the directions issued, a
meeting was held by the Empowered Committee on
20.06.2025, which was the 17th of such meeting and as per
Agenda 1, the Committee has rejected the case. The ground
given is that the applicant was not eligible for consideration as
there was no existing building and the bank appraisal indicated
in existing investment as nil and therefore as per the criteria
laid down in Clause 7.3 of the Scheme the appellant was not
eligible and there was no budgetary allocation available and
therefore application could not be considered for registration.
The relevant part reads as under:-
The Committee, therefore, examined the
application, along with supporting documents such as
Detailed Project Report (DPR), Bank Appraisal Report
(BAR), land documents, pollution certificate, etc.,
submitted by the unit. The Committee also took note of
the dates of submission extracted from the portal. On
examination of the documents, the following was
observed:
.
i) The application (IDS/HP/1945) was submitted on the
portal for registration on 22.03.2021, in the name of
Industrial Unit Whispering Rock Hotel at Manali,
Kullu, Himachal Pradesh. The ownership is
indicated in the name of proprietor Atul Sharma.
ii) The application was scrutinized at the District
Industries Centre (DIC) and subsequently
forwarded to the State Nodal Officer (SNO) on
08.03.2022. The SNO forwarded the application to
r Empowered Committee on 19.03.2022.
iii) The applicant had applied under the category
'expansion of existing uniť. The cost of project for
the Hotel indicated in the DPR is Rs. 2018.83 lakh,
of which cost of land is indicated as Rs. 375.03
lakh and there is zero cost indicated of any existing
building. The DPR indicates that the building had
been demolished before the application date. The
target date of commencement was 31.03.2022.
The applicant had applied under the category
'expansion of existing unit' whereas there was no
existing building, and the bank appraisal indicates
existing investment (other than land) as nil. The
application was therefore not eligible for consideration
under the said category.
The Committee felt that, in terms of the criteria laid in
Clause 7.3 of the Scheme, the unit was not eligible
prima facie for consideration under the category
'expansion of unit' and that there was no budgetary
allocation available, and therefore the application can
not be considered as eligible for registration.
7. It would be appropriate to mention that the above
factual matrix had been taken into consideration. We are not
commenting on the merits of the decision, as counsel for the
original Writ petitioner and for the respondent in LPA No. 169 of
.
2025 submits that he would have right as such to challenge
the decision on merits regarding the manner in which the
rejection as such has been done. We are however, of the
considered opinion that since each and every case would have
to be required to be considered on merits, the decision as such
would have to be done by the Empowered Committee as per
Clause 6.1, which reads as under:-
"There will be an Empowered Committee chaired by
Secretary, Department of Industrial Policy and
Promotion with Secretaries of D/o Expenditure,
representative of NITI Aayog and Secretary of the
concerned Ministries/Departments of Government of
India dealing with the subject matter of that industry as
its members as also the concerned Chief
Secretary/Secretary (Industry) of the State where the
beneficiary unit claiming incentive is located for
selection of beneficiaries under the scheme. While
examining the proposals for incentive, due
consideration will be given to factors like cost
disadvantage, project viability, bankability, employment
generation and promoters' risk capital. Preference will
also be given to eligible industrial units under the
Micro, Small and Medium Enterprises (MSME)."
8. The learned Single Judge has noticed the
.
beneficial provisions of the Scheme as such, which was to be
in force from 01.04.2017 till 31.03.2022 and the process as
such was for the benefit of a new Unit and existing Units
undertaking substantial expansions, subject to fulfillment of the
eligibility Clause 4. This aspect would necessarily have to be
gone into by the Committee, which the learned Single Judge
had rightly directed, since Clause 7.3 further provides that
certain conditions have to be fulfilled and there is no right as
such to claim the benefit unless it is specifically approved by
the Central Government and the Unit has to start commercial
production within 18 months from approval. The registration as
such was under Clause 7.1 by an online application process
developed under which the applicants have to submit their
applications along with Detailed Project Report (DPR).
9. Thus, it is in such circumstances, we are of the
considered opinion that the directions as such were to be
considered by the Empowered Committee once having been
forwarded by the State.
10. Learned Single Judge found that the appellant-
Union of India could not in the first set of cases, deny the fact
that the applications had been forwarded during currency of the
.
Scheme and therefore, consideration had not been done. In
such circumstances, he came to the conclusion that at least the
consideration had to be made as per the terms of the policy
dated 23.04.2018 (Annexure P-1). Thus, we cannot find any
fault as such with the reasoning of the learned Single Judge to
this extent.
11. Counsel for Union of India also admits that since
each and every individual case will have to be considered
within the parameters of the said policy, it would be appropriate
that a decision making is done by the Empowered Committee
by fixing a timeframe as such. We are also of the considered
opinion that the findings as such that the consideration was to
be done by the Empowered Committee, thus cannot be faulted
in any manner, once it is the case of the State also that they
had forwarded their cases to the Empowered Committee. If that
is so, then the decision making as such had to be done as per
the parameters of the notification and as noticed above, has
now been done in one case though, the rejection is here.
12. In such circumstances, we are of the considered
opinion that present LPAs are liable to be disposed of in the
above terms along with writ petitions that each and every
.
individual case has to be considered afresh by the Empowered
Committee. Let the said exercise be done within a period of
four months from today. Needless to say that it will be open to
the applicants, as such, to seek their remedy in accordance
with law in case there is rejection of their case.
13. All pending applications stand disposed of
accordingly.
14. A copy of the short order be placed in all the
connected matters.
( G.S. Sandhawalia )
Chief Justice
16th July, 2025 ( Ranjan Sharma )
(priti) Judge
