( 2025:HHC:23339 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA LPA No. 169 of 2025 alongwith connected matters Decided on: 16th July, 2025 _________________________________________________ LPA No. 169 of 2025 Union of India and another ....Appellants. Versus Atul Sharma and others …Respondents CWP No. 7178 of 2025 M/s Samay Pharma India Pvt. Ltd. ....Petitioner Versus Union of India and others …Respondents CWP No.8528 of 2025 Hotel Jogini Heights ....Petitioner Versus Union of India and others …Respondents CWP No.8529 of 2025 La Paraiso Resort and Spa ....Petitioner Versus Union of India and others …Respondents 2 CWP No.8530 of 2025 Rigzin House ....Petitioner Versus Union of India and others …Respondents CWP No.8561 of 2025 M/s Geon International Pvt. Ltd. ....Petitioner Versus Union of India and others …Respondents CWP No.8771 of 2025 Ramsons Himachal Fantasia partnership firm ....Petitioner Versus Union of India and others …Respondents CWP No.8816 of 2025 AMN LIFE PRIVATE LIMITED ....Petitioner Versus Union of India and others …Respondents CWP No.9059 of 2025 M/s Luxmi Packers Unit-II ....Petitioner Versus Union of India and others …Respondents CWP No.9244 of 2025 KASAULI HOSPITALITY SERVICES PVT. LTD. LTD. ....Petitioner Versus 3 Union of India and others …Respondents CWP No.9314 of 2025 M/s Friends Alloys ....Petitioner Versus Union of India and others …Respondents CWP No.9386 of 2025 M/s Okaya Fujikawa Power Pvt. Ltd. ....Petitioner Versus Union of India and others …Respondents CWP No.9425 of 2025 Mountain Pearl Guest House ....Petitioner Versus Union of India and others …Respondents CWP No.9427 of 2025 Snow Castle Guest House ....Petitioner Versus Union of India and others …Respondents CWP No.9429 of 2025 The Sylvan Hues ....Petitioner Versus Union of India and others …Respondents 4 CWP No.9467 of 2025 MOUNTAIN View Resort ....Petitioner Versus Union of India and others …Respondents CWP No.9532 of 2025 Anil Kumar ....Petitioner Versus Union of India and others …Respondents CWP No.9763 of 2025 Shirar Resort and Spa ....Petitioner Versus Union of India and others …Respondents CWP No.9767 of 2025 Moksha Riverside ....Petitioner Versus Union of India and others …Respondents CWP No.9768 of 2025 Hotel New Nakshatra ....Petitioner Versus Union of India and others …Respondents CWP No.9769 of 2025 Swastik Grand Guest House ....Petitioner 5 Versus Union of India and others …Respondents CWP No.9999 of 2025 Super Print Solutions ....Petitioner Versus Union of India and others …Respondents CWP No.10013 of 2025 ULTRA DRUGS PRIVATE Limited Company ....Petitioner Versus Union of India and others …Respondents CWP No.10015 of 2025 ULTRA DRUGS PRIVATE Limited Company ....Petitioner Versus Union of India and others …Respondents CWP No.10049 of 2025 Unlimited Prints ....Petitioner Versus Union of India and others …Respondents CWP No.10050 of 2025 Lavang House ....Petitioner Versus Union of India and others …Respondents 6 CWP No.10107 of 2025 The Voyage Resort and Spa ....Petitioner Versus Union of India and others …Respondents CWP No.10109 of 2025 The Golden Peak Guest House ....Petitioner Versus Union of India and others …Respondents CWP No.10110 of 2025 Rocky Mountain Guest House ....Petitioner Versus Union of India and others …Respondents CWP No.10240 of 2025 Adhunik Packages Private Limited Unit-II ....Petitioner Versus Union of India and others …Respondents CWP No.10301 of 2025 Shree Naina Glass INC. ....Petitioner Versus Union of India and others …Respondents CWP No.10302 of 2025 Shree Naina Packaging INC. ....Petitioner Versus 7 Union of India and others …Respondents CWP No.10312 of 2025 Yaato Retreat ....Petitioner Versus Union of India and others …Respondents CWP No.10313 of 2025 The Stone House Cottage ....Petitioner Versus Union of India and others …Respondents CWP No.10314 of 2025 Snow Creek Cottage ....Petitioner Versus Union of India and others …Respondents CWP No.10315 of 2025 Blue Lotus Residences ....Petitioner Versus Union of India and others …Respondents CWP No.10452 of 2025 M/s Sark Genex ....Petitioner Versus Union of India and others …Respondents 8 CWP No.10507 of 2025 M/s Floating Cloud Resort and Spa LLP ....Petitioner Versus Union of India and others …Respondents CWP No.10610 of 2025 Rustic Wood Guest House ....Petitioner Versus Union of India and others …Respondents CWP No.10611 of 2025 Himalayan Park ....Petitioner Versus Union of India and others …Respondents CWP No.10612 of 2025 The Sattva Guest House ....Petitioner Versus Union of India and others …Respondents CWP No.10613 of 2025 Norling Inn and Spa ....Petitioner Versus Union of India and others …Respondents CWP No.10646 of 2025 9 Microtek New Technologies Private Limited Unit-II ....Petitioner Versus Union of India and others …Respondents CWP No.10648 of 2025 M/s Microtek International Private Limited Unit-VII ....Petitioner Versus Union of India and others …Respondents CWP No.10650 of 2025 M/s Microtek International Private Limited Unit-VIII ....Petitioner Versus Union of India and others …Respondents CWP No.10669 of 2025 Girdhari Lal Chopra ....Petitioner Versus Union of India and others …Respondents CWP No.10814 of 2025 Microtek International Private Limited Unit-I ....Petitioner Versus Union of India and others …Respondents 10 CWP No. 11001 of 2025 Ajna Resort ....Petitioner Versus Union of India and others …Respondents CWP No. 11259 of 2025 M/S Roseate Medicare ....Petitioner Versus Union of India and others …Respondents CWP No. 11187 of 2025 Snow White Resort ....Petitioner Versus Union of India and others …Respondents CWP No. 11189 of 2025 Hotel Himalayan Oak ....Petitioner Versus Union of India and others …Respondents LPA No.201 of 2025 The Union of India and others ....Appellants Versus Higgs Healthcare and another …Respondents 11 LPA No.202 of 2025 The Union of India and others ....Appellants Versus Haripur Paper Company and another …Respondents LPA No.203 of 2025 The Union of India and others ....Appellants Versus Unix Biotech and another …Respondents LPA No.213 of 2025 The Union of India and others ....Appellants Versus Higgs Healthcare Unit-III and another …Respondents LPA No.239 of 2025 The Union of India and others ....Appellants Versus Higgs Life Sciences Pvt. Ltd. and another …Respondents LPA No.304 of 2025 The Union of India and others ....Appellants Versus MEDIWELL BIOTECH and another …Respondents 12 LPA No.305 of 2025 Union of India and another ....Appellants Versus M/s Arra Polymers LLP and others …Respondents CMP(M) No. 900 of 2025 & LPA No.395 of 2025 Union of India and another ....Applicants/appellants Versus Eva Grow Medicaps Pvt. Ltd. and others …Respondents CMP(M) No. 901 of 2025 & LPA No.397 of 2025 The Union of India and others ....Applicants/Appellants Versus M/s Tesna Tech Pvt. Ltd. and another …Respondents CMP(M) No. 902 of 2025 & LPA No.399 of 2025 The Union of India and others ....Applicants/Appellants Versus M/S Hanuchem Laboratories (Unit-III) and others …Respondents CMP(M) No. 903 of 2025 & LPA No.402 of 2025 The Union of India and others ....Applicants/Appellants Versus 13 M/s Sylvan Greens Pvt. Ltd. and others …Respondents CMP(M) No. 904 of 2025 & LPA No.403 of 2025 The Union of India and another ....Applicants/Appellants Versus Elation Pharma and others …Respondents CMP(M) No. 905 of 2025 & LPA No.405 of 2025 Union of India and another ....Applicants/Appellants Versus M/s TAVLEEN RESORTS AND SPA PVT. LTD. LTD. and others …Respondents CMP(M) No. 906 of 2025 & LPA No.407 of 2025 The Union of India and another ....Applicants/Appellants Versus M/s M Sea Pharmaceuticals Pvt. Ltd. and others …Respondents CMP(M) No. 907 of 2025 & LPA No. 398 of 2025 The Union of India and others ….Applicants/Appellants Versus 14 M/S RUCHIRA PRINTING AND PACKAGING and another …Respondents CMP(M) No. 910 of 2025 & LPA No. 400 of 2025 The Union of India and another ....Applicants/Appellants Versus Sri Ram Healthcare Pvt. Ltd. and others …Respondents CMP(M) No. 911 of 2025 & LPA No. 401 of 2025 The Union of India and another ....Applicants/Appellants Versus CMG Biotech Private LTD., and others …Respondents CMP(M) No. 923 of 2025 & LPA No.404 of 2025 The Union of India and another ....Applicants/Appellants Versus Deep Waters and others …Respondents CMP(M) No. 924 of 2025 & LPA No. 406 of 2025 The Union of India and another ....Applicants/Appellants Versus Tedavi Life Sciences Pvt. Ltd. and others …Respondents 15 CMP(M) No. 925 of 2025 & LPA No.408 of 2025 The Union of India and another ....Applicants/Appellants Versus Seamac Formulations Pvt. Ltd. and others …Respondents CMP(M) No. 926 of 2025 & LPA No. 412 of 2025 The Union of India and others ....Applicants/Appellants Versus M/S AB Tools Pvt. Ltd. and another …Respondents CMP(M) No. 927 of 2025 & LPA No. 414 of 2025 Union of India and another ....Applicants/Appellants Versus Goyal Furniture Pvt. Ltd. and others …Respondents CMP(M) No. 932 of 2025 & LPA No. 415 of 2025 The Union of India and another ....Applicants/Appellants Versus Steelking Enterprises Pvt. Ltd. and others …Respondents CMP(M) No. 933 of 2025 & LPA No.417 of 2025 The Union of India and another ....Applicants/Appellants 16 Versus M/S Advance Packaging and others …Respondents CMP(M) No. 934 of 2025 & LPA No.419 of 2025 The Union of India and another ....Applicants/Appellants Versus M/s Hanuchem Laboratories (Unit-iii) and others …Respondents CMP(M) No. 935 of 2025 & LPA No.409 of 2025 The Union of India and another ...Applicants/Appellants Versus M/S Himalayan Village Resort Pvt. Ltd. and others …Respondents CMP(M) No. 937 of 2025 & LPA No. 410 of 2025 Union of India and others ....Applicants/Appellants Versus M/s HIMTEX TEXTILES (P) LTD. and another …Respondents CMP(M) No. 939 of 2025 & LPA No. 365 of 2025 The Union of India and another ....Applicants/Appellants Versus 17 M/S MAHADEV FOUNDRY and others …Respondents CMP(M) No. 940 of 2025 & LPA No. 367 of 2025 The Union of India and another ....Applicants/Appellants Versus HIMACHAL WIRE INDUSTRIES PVT LTD. and others …Respondents CMP(M) No. 941 of 2025 & LPA No. 369 of 2025 The Union of India and another ....Applicants/Appellants Versus Heritage Satikva Resorts and others …Respondents CMP(M) No. 942 of 2025 & LPA No.370 of 2025 The Union of India and another ....Applicants/Appellants Versus Brijsons Hetreat and others …Respondents CMP(M) No. 943 of 2025 & LPA No. 411 of 2025 The Union of India and another ...Applicants/Appellants Versus M/S United Biotech Pvt. Ltd. and others …Respondents 18 CMP(M) No. 944 of 2025 & LPA No.372 of 2025 Union of India and another ....Applicants/Appellants Versus M/S NANZ MED SCIENCES PHARMA PVT LTD and others …Respondents CMP(M) No. 945 of 2025 & LPA No. 373 of 2025 The Union of India and another ....Applicants/Appellants Versus M/S PROTECK TELELINKS and others …Respondents CMP(M) No. 946 of 2025 & LPA No. 375 of 2025 The Union of India and another ....Applicants/Appellants Versus R. M. Industries and others …Respondents CMP(M) No.947 of 2025 & LPA No.377 of 2025 The Union of India and another ...Applicants/Appellants Versus M/S EASTMAN AUTO AND POWER LTD. UNIT-II and another …Respondents CMP(M) No.948 of 2025 & LPA No.413 of 2025 The Union of India and another ....Applicants/Appellants 19 Versus M/S RIDGE FORMULATIONS PVT. LTD. and others …Respondents CMP(M) No. 949 of 2025 and LPA No.366 of 2025 The Union of India and another ...Applicants/Appellants Versus APPLE PARADISE GUEST HOUSE and others …Respondents CMP(M) No. 950 of 2025 and LPA No.368 of 2025 The Union of India and another ...Applicants/Appellants Versus KARUNA and others …Respondents CMP(M) No. 951 of 2025 and LPA No.371 of 2025 The Union of India and another ...Applicants/Appellants Versus WAZIN INN GUEST HOUSE and others …Respondents CMP(M) No. 952 of 2025 and LPA No.374 of 2025 The Union of India and others ...Applicants/Appellants Versus 20 M/S HIM TEKNO FORGE LTD. and another …Respondents CMP(M) No. 954 of 2025 and LPA No.376 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S Sorbax Pharmaceuticals Pvt. Ltd. and others …Respondents CMP(M) No. 956 of 2025 and LPA No.378 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S Okaya EV Pvt. Ltd. and another …Respondents CMP(M) No. 957 of 2025 and LPA No.379 of 2025 Union of India and another ...Applicants/Appellants Versus M/S J.B. ROLLING MILLS LIMITED UNIT 2 and another …Respondents CMP(M) No. 958 of 2025 and LPA No.381 of 2025 Union of India and another ...Applicants/Appellants Versus M/s Trilokpur Power (P) Ltd. and another …Respondents 21 CMP(M) No. 959 of 2025 and LPA No.383 of 2025 The Union of India and others ...Applicants/Appellants Versus Shivalik Containers (P) Ltd. and another …Respondents CMP(M) No. 960 of 2025 and LPA No.385 of 2025 Union of India and another ...Applicants/Appellants Versus M/S Horizon Meltatech Pvt. Ltd., and others …Respondents CMP(M) No. 961 of 2025 and LPA No.421 of 2025 The Union of India and others ...Applicants/Appellants Versus JPD Precision Fasteners (P) Ltd. and another …Respondents CMP(M) No. 962 of 2025 and LPA No.423 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S MILESTONE GEARS PVT. LTD UNIT-VII and another …Respondents CMP(M) No. 963 of 2025 and LPA No.424 of 2025 Union of India and another ...Applicants/Appellants Versus 22 M/S Mahalakshmi Spintex (P) Ltd. and another …Respondents CMP(M) No. 964 of 2025 and LPA No.426 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S NGG Power Tech India Pvt. Ltd. and another …Respondents CMP(M) No.965 of 2025 and LPA No.428 of 2025 Union of India and another ...Applicants/Appellants Versus M/S ZEON BIOSYS and another …Respondents CMP(M) No. 966 of 2025 and LPA No.430 of 2025 Union of India and others ...Applicants/Appellants Versus M/S Maxtar Bio-Genics and another …Respondents CMP(M) No. 967 of 2025 and LPA No.431 of 2025 The Union of India and another ...Applicants/Appellants Versus M/S Saroj Industries and others …Respondents 23 CMP(M) No. 968 of 2025 and LPA No.442 of 2025 The Union of India and another ...Applicants/Appellants Versus ROMA PHARMA PVT LTD and others …Respondents CMP(M) No. 969 of 2025 and LPA No.433 of 2025 The Union of India and another ...Applicants/Appellants Versus HUKAM’S HOLIDAY HOME and others …Respondents CMP(M) No. 970 of 2025 and LPA No.422 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S Vimal Industries and another …Respondents CMP(M) No. 971 of 2025 and LPA No.425 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S OKAYA PVT LTD UNIT-2 and another …Respondents CMP(M) No. 972 of 2025 and LPA No.427 of 2025 The Union of India and others ...Applicants/Appellants 24 Versus M/S OKAYA PVT LTD UNIT-1 and another …Respondents CMP(M) No. 973 of 2025 and LPA No.429 of 2025 The Union of India and another ...Applicants/Appellants Versus Sri Ram Healthcare Pvt. Ltd. Unit-II and others …Respondents CMP(M) No.974 of 2025 and LPA No.432 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S Globe Precision Industries Pvt. Ltd., and another …Respondents CMP(M) No.975 of 2025 and LPA No.436 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S Milestone Gears Pvt. Ltd. Unit-IX and another …Respondents CMP(M) No.976 of 2025 and LPA No.437 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S COSMO FERRITES LTD and another …Respondents 25 CMP(M) No.977 of 2025 and LPA No.438 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S OKAYA PVT LTD UNIT-1 and another …Respondents CMP(M) No.978 of 2025 and LPA No.440 of 2025 The Union of India and another ...Applicants/Appellants Versus M/S SOH MED CARE PVT LTD., and others …Respondents CMP(M) No.979 of 2025 and LPA No.434 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S Milestone Gears Pvt. Ltd. Unit IV and another …Respondents CMP(M) No.980 of 2025 and LPA No.435 of 2025 The Union of India and another ...Applicants/Appellants Versus M/S DS Drinks and Beverages Pvt. Ltd. Unit V and others …Respondents CMP(M) No.981 of 2025 and LPA No.439 of 2025 The Union of India and others ...Applicants/Appellants 26 Versus M/S OKAYA PVT LTD Unit-2 and another …Respondents CMP(M) No.982 of 2025 and LPA No.380 of 2025 The Union of India and others ...Applicants/Appellants Versus MERION CARE PVT LTD and another …Respondents CMP(M) No.983 of 2025 and LPA No.382 of 2025 Union of India and another ...Applicants/Appellants Versus Mountain Eco Tourism Partnership Firm and others …Respondents CMP(M) No.985 of 2025 and LPA No.416 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S Milestone Gears Pvt. Ltd. Unit- VIII and another …Respondents CMP(M) No.986 of 2025 and LPA No.384 of 2025 The Union of India and others ...Applicants/Appellants Versus Auraya Healthcare Unit-II and another …Respondents 27 CMP(M) No.987 of 2025 and LPA No.386 of 2025 Union of India and another ...Applicants/Appellants Versus M/S ADITYA INDUSTRIES and another …Respondents CMP(M) No.988 of 2025 and LPA No.387 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S ANGAD ENTERPRISES and another …Respondents CMP(M) No.989 of 2025 and LPA No.389 of 2025 The Union of India and another ...Applicants/Appellants Versus M/S EVETS GLASS AND POLYMER PVT LTD and others …Respondents CMP(M) No.990 of 2025 and LPA No.391 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S ARIHANT LABELS and another …Respondents CMP(M) No.991 of 2025 and LPA No.392 of 2025 The Union of India and another ...Applicants/Appellants Versus 28 M/S Care Cosmetics and others …Respondents CMP(M) No.992 of 2025 and LPA No.441 of 2025 Union of India and another ...Applicants/Appellants Versus M/S J.B. ROLLING MILLS LIMITED UNIT 3 and another …Respondents CMP(M) No.993 of 2025 and LPA No.394 of 2025 The Union of India and another ...Applicants/Appellants Versus RRD OIL AND FATS PVT LTD and others …Respondents CMP(M) No.994 of 2025 and LPA No.418 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S PHARMINOX LABORATORIES and another …Respondents CMP(M) No.995 of 2025 and LPA No.420 of 2025 The Union of India and others ...Applicants/Appellants Versus Mohit Plastics and another …Respondents 29 CMP(M) No.996 of 2025 and LPA No.388 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S G.D.H. Industries and another …Respondents CMP(M) No.997 of 2025 and LPA No.390 of 2025 The Union of India and others ...Applicants/Appellants Versus Hira Filters and another …Respondents CMP(M) No.998 of 2025 and LPA No.393 of 2025 The Union of India and another ...Applicants/Appellants Versus M/S Eastman Auto and Power Ltd., and another …Respondents CMP(M) No.999 of 2025 and LPA No.396 of 2025 The Union of India and others ...Applicants/Appellants Versus M/S PRIME STEEL INDUSTRIES PVT LTD and another …Respondents ___________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon'ble Mr. Justice Ranjan Sharma, Judge 30 Whether approved for reporting? 1 For the Appellants: Mr.N.Venkataraman, Additional Solicitor General of India (Senior Advocate) (through V.C.) and Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Lokinder Thakur, Ms. Reeta Thakur, Ms. Sheetal Sharma Vyas, Ms. Vandana Misra, Mr. Shiv Pal Manhans, Mr. Nand Lal Thakur, Mr.Harish Sharma, Mr. Avinash Jaryal, Mr.Bharat Bhushan, Mr. Shashi Shirshoo, Mr. Vir Bahadur Verma, Mr.Rajinder Thakur, Mr. Shyam Singh, Mr. Anshul Attri, Mr. Ajay Kumar Chauhan, Mr. Janak Raj, Mr. Narender Thakur, Mr. Praveen Kumar Bhatti, Mr. Kunal Thakur, Central Government Counsel, Advocate, for the appellants-Union of India, in respective Appeals. Mr. Suneet Goel, Senior Advocate with Mr. Vivek Negi, Mr. Aman Hansretta, Mr. Susheel Gautam, Mr.Mukul Sood, Mr. Vivek Thakur, Mr. Ajay Thakur, Mr. Anuj Nag, Mr.Hakam Bhardwaj, Mr. Ajay Vaidya, Mr. Manik Sethi, Mr.Ashwani Kumar Sharma, Mr. Shivank Singh Panta, Mr. Ajay Kumar, Mr. Manik Sethi and Ms.Shradha Karol, Mr.Vaibhav Singh Chauhan, Advocates, for the respective petitioners in the respective petitions. For the respondents: Mr. N.Venkataraman, Additional Solicitor General of India (Senior Advocate) (through V.C.) and Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Lokinder Thakur, Ms. Reeta Thakur, Ms. Sheetal Sharma Vyas, Ms. Vandana Misra, Mr. Shiv Pal Manhans, Mr. Nand Lal Thakur, Mr.Harish Sharma, Mr. Avinash Jaryal, Mr.Bharat Bhushan, Mr. Shashi Shirshoo, Mr. Vir Bahadur Verma, Mr.Rajinder Thakur, Mr. Shyam Singh, Mr. Anshul Attri, Mr. Ajay Kumar Chauhan, Mr. Janak Raj, 1 Whether reporters of Local Papers may be allowed to see the judgment? 31 Mr.Narender Thakur, Mr. Praveen Kumar Bhatti, Mr. Kunal Thakur, Central Government Counsel, Advocate, for the respondents-Union of India, in respective Writ Petitions. Mr. K.D. Shreedhar, Senior Advocate with Ms. Sneh Bhimta, Advocate Mr.Sunil Mohan Goel, Senior Advocate with Mr. Abhinav M. Goel, Advocate, Mr.Neeraj Gupta, Senior Advocate with Mr.Pranjal Munjal and Mr.Manvender Singh, Advocates, Mr.Vedhant Ranta, Ms. Prajwal Busta, Mr. Ajay Vaidya, Mr. Aakash Thakur, Mr.Ajay Thakur, Mr. Rohit Chauhan and Mr. Manik Sethi, Advocates for the respective respondents. Mr. Anups Rattan, Advocate General with Mr. Arsh Rattan, Deputy Advocate General, for respondents-State. G.S. Sandhawalia, Chief Justice (Oral) CMP(M) No.900 to 907, 910, 911, 923 to 927, 932 to 935, 937, 939 to 952, 954, 956 to 983, 985 to 999 of 2025 Heard. Keeping in view the averments made in the application(s), duly supported by the affidavit(s), the delay in filing the Appeal(s) is condoned. The applications stand disposed of. LPA No. 169 of 2025 alongwith CWP Nos. 7178, 8528, 8529, 8530, 8561, 8771, 8816, 9059, 9244, 9314, 9386, 9425, 9427, 9429, 9467, 9532, 9763, 9767 to 9769, 9999, 10013, 10015, 10049, 10050, 10107, 10109, 10110,10240,10301, 10302,10312 to 10315, 10452, 10507, 10610 to 10613, 10646, 10648, 10650, 10669, 10814, 11001, 11259,11187 and 11189 of 2025, LPA Nos. 201, 202, 203, 213, 239,304, 305, 395, 397, 399, 402, 403, 405, 407, 32 398, 400, 401, 404, 406, 408, 412, 414, 415, 417, 419, 409, 410, 365, 367, 369, 370, 411, 372, 373, 375, 377, 413, 366, 368, 371, 374, 376, 378, 379, 381, 383, 385, 421, 423, 424, 426, 428, 430, 431, 442, 433, 422, 425, 427, 429, 432, 436, 437, 438, 440, 434, 435, 439, 380, 382, 416, 384, 386, 387, 389, 391, 392, 441, 394, 418, 420, 388, 390, 393 and 396 of 2025. 2. The present order shall dispose of the LPAs filed by the Union of India against the judgment of learned Single Judge, whereby while deciding six cases, lead case whereof was CWP No.10600 of 2024 titled Atul Sharma Vs. Union of India & others, the directions were issued to the appellant- Union of India and Ministry of Commerce and Industry (Department of Industrial Policy & Promotion), Govt. of India, to place the matter before the Empowered Committee chaired by Secretary, Department of Industrial Policy & Promotion constituted in terms of Clause 6.1 of the Scheme for registration. In case, the petitioners were found eligible for the incentives of the scheme, they were to be granted the same without being influenced by the letters dated 09.11.2023 and 30.07.2024 (Annexures P-12 & P-11, respectively). The appeals thus are against the Union of India against the decision of the learned Single Judge in the six cases and in the 33 other cases orders have been passed by which the learned Single Judge allowed the writ petitions by taking the same view and granted the same relief. 3. Since a large number of cases as such came to be filed, it was directed that the writ petitions should also be listed before this Court as the pleadings as such had not been completed. Resultantly, the writ petitioners as such are seeking, in principle, the same relief of consideration dehors the impugned letters issued by Union of India dated 09.11.2023 and 30.07.2024. 4. A perusal of the aforesaid letters would go on to show that appellant No.2 had communicated to the State as such that the benefits were only to be extended to the already registered Units and no claims will be entertained from the un- registered Units. 5. The learned Single Judge came to the conclusion that the cases of the writ petitioners as such had not been placed before the Empowered Committee for registration and the recommendation had duly been made by the State and therefore, keeping in view the fact that the Union of India had approved an additional outlay of Rs.1164.53 Crore under the 34 Scheme for the State of Himachal Pradesh and Uttarakhand and the fact that the case has been recommended by the State, consideration had been directed on the principle of legitimate expectations by relying upon the judgment of the Apex Court in State of Jharkhand and others Vs. Brahmputra Metallics Limited, Ranchi and another, (2023) 10 Supreme Court Cases, 634. 6. It has now been brought to our notice in the lead case Atul Sharma in pursuance of the directions issued, a meeting was held by the Empowered Committee on 20.06.2025, which was the 17th of such meeting and as per Agenda 1, the Committee has rejected the case. The ground given is that the applicant was not eligible for consideration as there was no existing building and the bank appraisal indicated in existing investment as nil and therefore as per the criteria laid down in Clause 7.3 of the Scheme the appellant was not eligible and there was no budgetary allocation available and therefore application could not be considered for registration. The relevant part reads as under:- The Committee, therefore, examined the application, along with supporting documents such as Detailed Project Report (DPR), Bank Appraisal Report 35 (BAR), land documents, pollution certificate, etc., submitted by the unit. The Committee also took note of the dates of submission extracted from the portal. On examination of the documents, the following was observed: i) The application (IDS/HP/1945) was submitted on the portal for registration on 22.03.2021, in the name of Industrial Unit Whispering Rock Hotel at Manali, Kullu, Himachal Pradesh. The ownership is indicated in the name of proprietor Atul Sharma. ii) The application was scrutinized at the District Industries Centre (DIC) and subsequently forwarded to the State Nodal Officer (SNO) on 08.03.2022. The SNO forwarded the application to Empowered Committee on 19.03.2022. iii) The applicant had applied under the category 'expansion of existing uniť. The cost of project for the Hotel indicated in the DPR is Rs. 2018.83 lakh, of which cost of land is indicated as Rs. 375.03 lakh and there is zero cost indicated of any existing building. The DPR indicates that the building had been demolished before the application date. The target date of commencement was 31.03.2022. The applicant had applied under the category 'expansion of existing unit’ whereas there was no existing building, and the bank appraisal indicates existing investment (other than land) as nil. The application was therefore not eligible for consideration under the said category. The Committee felt that, in terms of the criteria laid in Clause 7.3 of the Scheme, the unit was not eligible prima facie for consideration under the category 'expansion of unit' and that there was no budgetary allocation available, and therefore the application can not be considered as eligible for registration. 7. It would be appropriate to mention that the above 36 factual matrix had been taken into consideration. We are not commenting on the merits of the decision, as counsel for the original Writ petitioner and for the respondent in LPA No. 169 of 2025 submits that he would have right as such to challenge the decision on merits regarding the manner in which the rejection as such has been done. We are however, of the considered opinion that since each and every case would have to be required to be considered on merits, the decision as such would have to be done by the Empowered Committee as per Clause 6.1, which reads as under:- “There will be an Empowered Committee chaired by Secretary, Department of Industrial Policy and Promotion with Secretaries of D/o Expenditure, representative of NITI Aayog and Secretary of the concerned Ministries/Departments of Government of India dealing with the subject matter of that industry as its members as also the concerned Chief Secretary/Secretary (Industry) of the State where the beneficiary unit claiming incentive is located for selection of beneficiaries under the scheme. While examining the proposals for incentive, due consideration will be given to factors like cost disadvantage, project viability, bankability, employment generation and promoters’ risk capital. Preference will also be given to eligible industrial units under the 37 Micro, Small and Medium Enterprises (MSME).” 8. The learned Single Judge has noticed the beneficial provisions of the Scheme as such, which was to be in force from 01.04.2017 till 31.03.2022 and the process as such was for the benefit of a new Unit and existing Units undertaking substantial expansions, subject to fulfillment of the eligibility Clause 4. This aspect would necessarily have to be gone into by the Committee, which the learned Single Judge had rightly directed, since Clause 7.3 further provides that certain conditions have to be fulfilled and there is no right as such to claim the benefit unless it is specifically approved by the Central Government and the Unit has to start commercial production within 18 months from approval. The registration as such was under Clause 7.1 by an online application process developed under which the applicants have to submit their applications along with Detailed Project Report (DPR). 9. Thus, it is in such circumstances, we are of the considered opinion that the directions as such were to be considered by the Empowered Committee once having been forwarded by the State. 38 10. Learned Single Judge found that the appellant- Union of India could not in the first set of cases, deny the fact that the applications had been forwarded during currency of the Scheme and therefore, consideration had not been done. In such circumstances, he came to the conclusion that at least the consideration had to be made as per the terms of the policy dated 23.04.2018 (Annexure P-1). Thus, we cannot find any fault as such with the reasoning of the learned Single Judge to this extent. 11. Counsel for Union of India also admits that since each and every individual case will have to be considered within the parameters of the said policy, it would be appropriate that a decision making is done by the Empowered Committee by fixing a timeframe as such. We are also of the considered opinion that the findings as such that the consideration was to be done by the Empowered Committee, thus cannot be faulted in any manner, once it is the case of the State also that they had forwarded their cases to the Empowered Committee. If that is so, then the decision making as such had to be done as per the parameters of the notification and as noticed above, has now been done in one case though, the rejection is here. 39 12. In such circumstances, we are of the considered opinion that present LPAs are liable to be disposed of in the above terms along with writ petitions that each and every individual case has to be considered afresh by the Empowered Committee. Let the said exercise be done within a period of four months from today. Needless to say that it will be open to the applicants, as such, to seek their remedy in accordance with law in case there is rejection of their case. 13. All pending applications stand disposed of accordingly. 14. A copy of the short order be placed in all the connected matters. ( G.S. Sandhawalia ) Chief Justice 16th July, 2025 ( Ranjan Sharma ) (priti) Judge