Case Law Details
Sanvira Industries Vs Rain CII Carbon (Vizag) Ltd & Ors (Supreme Court of India)
Supreme Court held that proportionate increase in quota for import not entitled as Consent to Operate on enhanced production capacity was issued after fixing the total import limit
Facts- The appellant in one of the appeals is M/s. Sanvira Industries. It is aggrieved by the decision of the Delhi High Court, which is interfered with and set aside the minutes of the meeting as well as the decision of the Central Government allocating pet coke.
The Director General of Foreign Trade (DGFT) determined the criteria for the allocation of imported raw pet-coke (RPC) and allocated imported RPC among various entities. On 18.07.2018, the Central Ministry of Environment, Forest and Climate Change (“MoEF”), officers of the Environment Pollution (Prevention and Control) Authority for NCR and the Ministry of Petroleum and Natural Gas (“MPNG”) decided in principle that the import of pet-coke be ought to be restricted only to industries using it as a feedstock or as part of their manufacturing process and not as fuel. This court – seized the public interest litigation (“PIL”) in M.C. Mehta v. Union of India and directed implementation of the minutes of the meeting of 18.07.2018 by its order dated 26.07.2018.
Importers were obliged to obtain consent and registration issued by the concerned State Pollution Board or Pollution Control Committee (“SPB” and “PCC”). Sanvira wrote on 12.09.2018 to the Environment Pollution Control Authority (“EPCA”) intimating its production capacity of calciners and indicating that its capacity was 2,00,000 MT. The EPCA filed a report before this court with regard to the import of RPC for aluminium, calciner, and steel industries in the context of restrictions imposed on the import of RPC.
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