GUWAHATI, India, Oct. 9 -- Gauhati High Court issued the following order on Sept. 9:

1. Heard Dr. B. P. Todi, learned Senior Counsel assisted by Dr. A. Todi, learned counsel for the petitioner. Also heard Mr. R. K. D. Choudhury, learned Deputy Solicitor General of India for the respondents.

2. Challenge made in this writ petition is to the letter dated 09.07.2021, issued by the Deputy Director of Tea Development, Tea Board of India, whereby the claim of the petitioner for grant of subsidy/financial assistance for the financial year 2015-2016 under the Special Purpose Tea Fund Scheme (SPTF in short) and the Tea Development and Promotion Scheme of Tea Board of India, has been rejected on account of non-completion of uprooting of tea bushes within the financial year in which the application was submitted (i.e. 31.03.2016).

3. Briefly put, the petitioner is a company incorporated under the Companies Act, 1956, having its registered Office at Sir R. N. M. House, 3rd Flow, 3B, Lal Bazar Street, Kolkata and at Ledo in the District of Tinsukia, Assam. The petitioner is represented through its Director, Mr. Nirmit Lohia.

4. The Central Government introduced scheme for the Tea Board, namely- Tea Development and Promotion Scheme, for implementation during the XII Five Year Plan (2012-2017) for extending subsidy/financial incentives/grant-inaid for various activities/components carried out by different stakeholders for improving the Production, Productivity and Quality of Tea in India and Promotion of Indian Tea in the International market and Research and Development. One of the seven components of the said Scheme, being Component 1, is Plantation Development with a sub-component, namely, Replantation Replacement Planting Rejuvenation of Old Tea Bushes, with the objective to increase production and filed productivity and quality of Tea by encouraging replantation, replacement planting, rejuvenation pruning, extension planting, irrigation and mechanization.

5. Under the Tea Development and Promotion Scheme, the Replantation activity involves uprooting and replanting of tea bushes, for which the Scheme provides a subsidy of 30% of the unit cost of replanting, to be calculated at the specified unit cost in rupees per hectare. The Scheme provides for the subsidy in 2 (two) installments, where the 1st installment of subsidy is due immediately on completion of replanting and after receiving satisfactory first post planting Inspection Report, while the 2nd installment is due on completion of 24 months from the date of completion of replanting and after receiving satisfactory 2nd post planting Inspection Report.

6. Pursuant to the aforesaid SPTF and Tea Development and Promotion Scheme, the petitioner submitted an application dated 12.12.2015, which was received by the Office of the Development Officer, Tea Board of India, Sub Regional Office, Ledo on 30.12.2015, for approval of grant of subsidy under the Scheme for uprooting and replantation in Section 12 (for 11.89 Hectares) and Section 14 (for 8.05 Hectares) of the petitioner Ledo Tea Estate.

7. It is contended that the petitioner is entitled to subsidy in respect of the uprooting and replanting carried out in Sections 12 and 14 at its Tea Estate during the Accounting Year 2015-16 under the aforesaid Scheme, specifically under Component 1, i.e. Plantation Development, Sub-component, being, Replantation, Replacement Planting and Rejuvenation of Old Tea Bushes. As the Scheme permitted only one application per garden for each financial year, the petitioner submitted a single application covering both Section 12 and Section 14 of the petitioner Ledo Tea Estate.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqN6s%2Frqg28S6lnhrvJlijWtF79Zf7vx%2FRDmVzhA19BXM&caseno=WP(C)/5030/2024&cCode=1&cino=GAHC010195532024&state_code=6&appFlag=)

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