ORDER 1.This Court on 31-8-1995 passed the following order: "The grievance of the industries arrayed in these appeals is that they have not been disbursed the subsidy to which they are entitled to, under the Central Outright Grant or Subsidy Scheme, 1971 for industrial units to be set up in the selected backward units/areas. Some of the industries have already received the subsidy, consequent upon the impugned order of the High Court. The claims of the industries are of various categories. It is not necessary for us to go into further details. We are of the view that it would be in the interest of justice to direct all the industries concerned to make a representation before Mrs Pratibha Karan, Joint Secretary, Ministry of Industry under Department of Industrial Development, Udyog Bhawan, either jointly or severally within three weeks from today. (The name has been suggested by learned Additional Solicitor General after consulting the Government of India). The representations shall be decided within 8 weeks thereafter. The learned Additional Solicitor General states that Mrs Karan shall have the assistance of officers from the Ministry of Finance and Law. Mrs Karan may, if so advised, hear the representatives of the industries. She shall decide the representations without taking into consideration the earlier decisions/letters issued by the Government of India from time to time. We, however, make it clear that it will be open to her to take into a consideration the 1971 Scheme, as modified from time to time. Meanwhile we stay the operation of the impugned judgment of the High Court till further orders. Needless to say that the brief reasons shall be given in support of the decision on the representations. The decision shall be placed before this Court within one week of the date it is announced. It will be open to Mrs Karan to give decision on individual b representations or categorywise or a common order." 2. Pursuant to the above-quoted order Mrs Pratibha Karan, Joint Secretary, Ministry of Industry has passed the order dated 16-11-1995. Copy of the order has been placed on the file of this case. We are of the view that so far as the cut-off date is concerned, the Joint Secretary has taken a fair and just stand.
Pursuant to the above-quoted order Mrs Pratibha Karan, Joint Secretary, Ministry of Industry has passed the order dated 16-11-1995. Copy of the order has been placed on the file of this case. We are of the view that so far as the cut-off date is concerned, the Joint Secretary has taken a fair and just stand. We agree with her that all the applications filed up to 30-9- c 1988 should be considered for grant of Central investment subsidy provided the said applications were complete in terms of the scheme dated 26-8-1971 as modified from time to time. In this view of the matter we set aside the judgment of the High Court and remand the case for fresh decision. All the applications filed before 30-9-1988 may be considered for grant of the Central investment subsidy provided the applications were complete under d the scheme. The High Court may keep in view the order passed by the Joint Secretary but shall take its own decision on merits of each case. 3. The Joint Secretary in her order has found 12 industries mentioned in para 19 of the order to be eligible for grant of subsidy. We direct that subsidy be disbursed to these industries as per the decision of the Joint Secretary, if not already disbursed. 4. The appeals and the special leave petitions are disposed of. No costs.