Om Prakash Dhanuka vs The Union of India and Others

By this writ application in the nature of Public Interest Litigation, petitioner has prayed for direction to the Central Government and its functionaries more particularly the respondent nos. 1 and 2 to formulate an Industrial package containing concessions and incentives for the existing Industries and other incentive package to such Industrialist who intend to set up new industries in the State on the line of similar packages offered to the States of Uttaranchal, Himachal Pradesh etc. Petitioner has sought to make out a case that the parameters prescribed by the Government of India for such incentive packages are fully met by the State of Bihar and cannot be treated in a different and discriminatory manner by the Union of India.

The Central Government has filed its counter affidavit and set out the reasons as to why State of Bihar does not fit in the category of incentive packages and incentives for promoting the industries which has been given to few States like State of Jammu & Kashmir, Uttaranchal and Himchal Pradesh.

Principally, it is stated that rationale for extending concessions and incentives for promoting the industries in the State inter alia, include:-

i. Geographical isolation;

ii. Inaccessible terrain;

iii. Poor Resources base and remoteness to larger market; and

iv. Poor infrastructure.

It is stated that State of Bihar does not face such adverse situation and, therefore, not entitled to these concessions.

It is true that the petitioner has filed rejoinder to the counter affidavit filed on behalf of respondent no. 2 and given some facts about the backwardness of the State in the matters of Agriculture, Infrastructure, Primary Health and Education, Investment, Budget and Consumer Market etc. However, the fact of the matter is that the controversy raised in the writ petition relates to a policy matter which is not amenable to judicial review and cannot be examined by the Court in its high prerogative jurisdiction. If some concessions have been given to few States which fulfill the criterion and parameters fixed by the Central Government, we are afraid, the citizen of State which has not been given such concessions cannot be permitted to agitate such issues before the Court. The remedy lies else where.

We are afraid that no direction can be given. Writ application is disposed of accordingly.