Panaji, April 15 In a petition filed by another SEZ unit, Panchbhoomi Infrastructure Pvt Ltd, the division bench of the Bombay High Court comprising of Mr Justice S A Bobde and Mr Justice N A Britto has given the central government one week time to make their stand in the matter. The matter has now been adjourned to April 23, 2008.The Director (SEZ), government of India, Ministry of Commerce and Industry had issued a notice to the petitioner directing to show cause why formal approval granted for setting up SEZ for IT sector should not be cancelled.
The said notice was issued to the SEZ for IT, Gem and Jewellery Industry on March 31, 2008 giving two weeks’ time to reply in view of the withdrawal of recommendation by the state government.
The petitioner after having replied to the said show cause has approached the court apprehending any adverse orders that would be passed by the central government.
The petitioner has prayed for writ directing the respondent No 3, not to take further steps in the matter. Writ of mandamus has also been sought to revoke/withdraw the show cause notice and drop further proceedings.
According to the petitioner, the action of issuing notice is against the principle of promissory Estoppel and hit by doctrine of legitimate expectation.
It was also stated that the action is arbitrary and violates Article 14 of the Constitution of India.
Meanwhile, a writ petition filed by K Raheja Corporation Pvt Ltd challenging the order dated January 10, 2008 issued by the government of Goa whereby the notified SEZ were directed to stop all further works in notified area has been adjourned after vacation in the month of June, 2008.
The order came to be passed in view of the direction by the division bench of the Bombay High Court headed by a Chief Justice whereby both the central and state government were directed to take decision pertaining to SEZ established by Meditab Specialties Pvt Ltd, within a period of six weeks.
NT Legal Correspondent
THE NAVHIND TIMES; Wednesday, April 16, 2008
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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