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2004 DIGILAW 654 (SC)

M. C. Mehta v. Union Of India

2004-04-29

ARIJIT PASAYAT, S.H.KAPADIA, Y.K.SABHARWAL

body2004
JUDGMENT : Report No.11 of E. P. C. A.: 1. Pursuant to the order dated 11th March, 2005. Indraprastha Gas Limited has filed the status report. The States of Haryana and Uttar Pradesh, including the authorities operating in those States, whether it be NOIDA, Greater NOIDA or H.U.D.A, in implementation of the said order in letter and spirit, shall grant requisite permission and spaces for commencing the process for setting up of outlets in Faridabad and Gurgaon in the State of Haryana and NOIDA and Greater NOIDA in the State of Uttar Pradesh within six weeks. Our order shall not be understood to mean that there is any restraint in grant of permission to others for setting up such outlets, if they satisfy the conditions of eligibility and other requirements. 2. Regarding the aspect of loss of revenue on account of waiver of sales tax, as noticed in the order dated 11th March, 2005, the learned Solicitor General points out that lie has already discussed the matter with the Revenue Secretary and prays for little more time to sort out the issue. 3. Further time, as prayed, is allowed. 4. E.P.C.A. has not submitted the report and it has been pointed out that certain information is being awaited byE. P.C.A. from Delhi Transport Corporation. Let the report be now submitted within six weeks. 5. List these matters after the ensuing summer vacation. I.A. No.53: 6. Issue notice to the States of Haryana and Delhi. 7. Mr. Ajay Siwach and Mr. S.W.A. Qadri, learned counsel, accept notice on behalf of the States of Haryana and Delhi respectively. 8. Response may be filed within four weeks. 9. In the meanwhile, the learned Amicus Curaie shall also look into the matter for the purpose of assisting the Court. I.A. No.244: 10. Issue notice. 11. Mr. S.W.A. Qadri and Mr. A.D.N. Rao, learned counsel, accept notice on behalf of the State of Delhi and the Union of India. 12. Copy of the application shall be given to the learned counsel for the State of Delhi and the Union of India. 13. Response to the application shall be filed within six weeks. 14. Prayer for referring the matter to E.P.C.A. would be considered after examining the replies filed by the Government.