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High Court of DelhiW.P.(C)/4588/2018

Khaitan Chemicals And Fertilizers Ltd. v. Union Of India And ORS.

2018-10-11Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4588/2018 KHAITAN CHEMICALS AND FERTILIZERS LTD.

..... Petitioner Through:

Mr Vineet Malhotra, Mr Vishal Gohri, Mr Shubhendu Kaushik and Mr Ram Krishan Kumar, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr Kirtiman Singh, CGSC with Mr Waize Ali Noor and Mr Prateek Dhanda, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 11.10.2018 C.M. No. 40086/2018 1.

This is an application for advancing the date of hearing i.e. 12.02.2019.

2.

The said application is not opposed. With the consent of the learned counsel appearing for the parties, the petition is taken up for final disposal. 3.

The application is disposed of.

W.P.(C) 4588/2018 4.

The petitioner has filed the present petition, inter alia, praying that respondent nos.1 and 2 be directed to conduct re-analysis of the third test sample of fertilizer NPK 10-26-26, 503.64 MT in a neutral Central Government Laboratory.

5.

The learned counsel appearing for the petitioner has referred to an earlier decision of this Court in Khaitan Chemicals and Fertilizers Ltd. v. Union of India & Others: W.P.(C) 10671/2017 decided on 30.01.2018. It is contended that the issue involved in the present petition is identical to the issue invloved in that case and the tests of two samplesconducted in the present case have also presented conflicting results. 6.

Mr Kirtiman Singh, learned counsel appearing for the respondents does not dispute that the facts involved in this case are similar to those considered by this Court in Khaitan Chemicals and Fertilizers Ltd. (supra). He further states that although,the applicable policy was amended on on 05.07.2018; however, the same is not applicable in this case because the amended policy cannot be applied retrospectively. 7.

In view of the above, for the reasons stated in Khaitan Chemicals and Fertilizers Ltd. (supra), the present petition is allowed and respondent nos. 1 and 2 are directed to cause re-analysis of the third test sample to be conducted in any government approved laboratory (of their choice). 8.

The petition is disposed of.

9.

The hearing scheduled on 12.0.2.2019 stands cancelled. VIBHU BAKHRU, J OCTOBER 11, 2018 MK