1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.7992 OF 2009. Priyadarshini Sahakari Soot Girni Limited, through its Manager Mr.Santosh S/o Bhagaji Jadhav, Age 51 years, Occ.Service, R/o Tande Chopda Road, Tq.Shirpur, District Dhule. ... Petitioner. Versus 1. The State of Maharashtra through Chief Secretary, State of Maharashtra, Mantralaya, Mumbai. 2. The State of Maharashtra through Secretary (Industries), State of Maharashtra, Mantralaya, Mumbai. 3. Department of Industries, through Development Commissioner (Industries), Maharashtra State, Mantralaya, Mumbai. ... Respondents. ... Mr.P.M.Shah, Sr.Counsel instructed by Mr.G.K.Thigale, advocate for the petitioner. Mr.S.K.Tambe, A.G.P. for the Respondents. 2 ... CORAM : P.V.HARDAS AND S.V.GANGAPURWALA,JJ. Date : 15.03.2010. ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1. Rule. Rule made returnable forthwith and heard finally by consent of the parties. 2. Heard learned Senior Counsel Mr.P.M.Shah, instructed by Mr. G.K. Thigale, advocate for the petitioner and Mr.S.K.Tambe, learned A.G.P. for the State. 3. The petitioner is a Cooperative Society registered under the Maharashtra Cooperative Societies Act. The petitioner society engages itself in various activities. 4. The Respondent State of Maharashtra, Industries Energy and Labour Department had promulgated a Package Scheme of Incentives 2007 vide Government Resolution dated 30.3.2007 (Annexure "A). The said Package Scheme of 3 Incentives 2007 was applicable to eligible Industrial units in Private Sector, State Public Sector, Joint Sector and Cooperative Sector but not to the Central Public Sector. The petitioner being a Cooperative Society and an Industrial Unit in a Cooperative Sector was desirous of getting the benefits of Mega Project under the said Package Incentives Scheme 2007 and as such had applied to the Government of Maharashtra vide application dated 22.3.2007 (Annexure "D"). The State of Maharashtra vide its letter/communication dated 21.5.2007 (Annexure "F) was pleased to reject the application of the petitioner in part, wherein it observed that the High Power Committee is of the opinion that the Incentives of Mega Project should not be given to Industries in the Cooperative Sector though it stated that other benefits can be given. 5. The petitioner has challenged the said letter (Annexure "F") contending that as the Package Scheme of Incentives 2007 clearly covers the Industries under the Cooperative Sector, the High Power Committee could not have refused the 4 Incentives of the Mega Project to the petitioner Society on the ground that the Incentives of Mega Project can not be extended to Cooperative Sector The learned A.G.P. tried to support the reasoning given on the ground that the High Power Committee is entitled to decide about the incentives to be given as per the Government Resolution dated 2.6.2005 (Annexure "C"). In the affidavit in reply the Respondent accepted that the petitioner's Industrial unit is covered under Cooperative Sector. 6. On going through the Package Scheme of Incentives 2007, it is manifest as per clause (1) under the head "scope" that the Cooperative Sector is covered under the said Package Scheme of Incentives 2007. The High Power Committee can not assume the power and authority to override the scope of the said Package Scheme of Incentives 2007 as promulgated by the Government of Maharashtra, Industries Energy and Labour Department vide Government Resolution dated 30.3.2007. The High Power Committee would only have the authority to consider as to whether the 5 Industrial Unit is eligible unit and satisfies other norms necessary for the said incentives. Once it is accepted that the petitioner's Industrial Unit is covered under the Cooperative Sector then the High Power Committee does not have any right, authority or jurisdiction to hold and observe that the benefits of the said Package Scheme of Incentives 2007 should not be extended to Cooperative Sector. As such the said order/communication dated 2l.5.2007, holding that the benefit of the scheme should not be extended to the Cooperative Sector would be without authority and jurisdiction. 7. In view of the above, the said order/communication dated 2l.5.2007 (Annexure "F") is quashed and set aside and the Respondents are directed to consider the application of the petitioner dated 22.3.2007 (Annexure "D") on its own merits and decide the same as expeditiously as possible and preferably within a period of four (4) months from the date of the order. 8. Rule made absolute in the above terms 6 with no order as to costs. (S.V.GANGAPURWALA,J.) (P.V.HARDAS,J.) asp/office/wp799209