JUDGMENT : 1. Petition is admitted for hearing. With the consent of learned counsel for parties, the same is heard finally. 2. In this writ petition, petitioners, inter alia, seek writ of mandamus, commanding respondents to execute agreement with petitioners as well as not to claim more premium as the same is against the terms of the policy and to permit petitioners to run M/s Prestige Plywood and Laminates, without any interference. 3. Facts giving rise to filing of instant writ petition, briefly stated, are that Government of Jammu and Kashmir, with a view to give impetus to industrialisation in the State, framed an Industrial Policy in the year 2004. Under the aforesaid policy, the land was provided to the industries by Directorate of Industries and Commerce, on leasehold rights for maximum period of 90 years, at the premium of Rs.1.00 lakh per Kanal. 4. Petitioners applied for establishment of plywood manufacturing unit in Industrial Estate, Chotipora, Handwara, on 21st October 2015 and the case of petitioners was processed and the concerned departments were asked to issue No Objection Certificates. This fact is evident from para (f) of Preliminary Objections filed on behalf of respondents 1&2. However, it appears that on account of procedural delay, the case of petitioners could not be processed in time and in the meanwhile new Industrial Policy was enacted on 15th March 2016. Petitioners by an order dated 3rd May 2016, however, were allotted 03 Kanals of land for a period of 40 years, for setting up of plywood industry. The petitioners deposited an amount of premium on 31st March 2016 and thereafter Provisional Registration Certificate was issued in their favour on 18th April 2016. However, respondents started demanding premium at enhanced rate under new Industrial Policy. In the aforesaid background, petitioners have approached this Court. 5. Learned counsel for petitioners, while inviting attention of this Court to para (f) of Preliminary Objections filed on behalf of respondents 1&2, submits that the case of petitioners was processed under old Policy and therefore, respondents cannot insist for payment of premium under new Policy. 6. On the other hand, learned counsel for respondents has submitted that the order of allotment was issued after coming into force of new Industrial Policy in the year 2016. 7. I have considered the submissions made by learned counsel for parties. 8.
6. On the other hand, learned counsel for respondents has submitted that the order of allotment was issued after coming into force of new Industrial Policy in the year 2016. 7. I have considered the submissions made by learned counsel for parties. 8. Admittedly, Industrial Policy with a view to give impetus to the industries of the State, was framed in the year 2004. Petitioners had submitted application on 21st October 2015. Para (f) of the Preliminary Objections filed on behalf of respondents 1&2, reads as under: “(f) That M/s Prestige Plywood and laminates applied for the establishment of Plywood manufacturing unit in Industrial Estate, Chotipora Handwara on 21.10.2015, and accordingly his case was processed and line departments were requested to issue No Objection Certificate.” 9. In view of stand taken by respondents, the case of petitioners was processed under old scheme. New Industrial Policy framed with effect from 15th March 2016, cannot apply retrospectively to an application, which was made under an old Policy, especially in the absence of any stipulation in this regard in the policy, therefore, respondents are restricted to take consequential action pursuant to order of allotment of land in favour of petitioners and to permit them to run the industries. 10. With the aforesaid direction, writ petition is disposed of. Writ Petition disposed of with direction.