Final minutes of 26th BoA Meeting - 4th June, 2008

Minutes of the 26th meeting of the SEZ Board of Approval held on
4th June 2008, at 10.00 A.M., to consider proposals for setting up of Special Economic Zones

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The twenty sixth meeting of the SEZ Board of Approval was held on 26.06.2008 at 10.00 A.M. under the Chairmanship of Shri Gopal K. Pillai, Secretary, Department of Commerce in Room No. 108, Udyog Bhawan, New Delhi to consider proposals for setting up of Special Economic Zones and other miscellaneous requests in respect of notified/approved SEZs. A list of participants is enclosed (Appendix).

Addressing the Board of Approval members, the Chairman informed that out of the 467 formal approvals granted for setting up of SEZs, 225 SEZs have been notified as on date. He stated that the total investment of Rs. 69,350 crore has been made in the notified SEZs as on 31st March 2008. Chairman also informed that total incremental employment generated in SEZs after the enactment of SEZ Act and Rules is 2.01 lakh persons. He further apprised that physical exports from the SEZs in 2007-08 were Rs. 66,638 crore, which indicates a growth of 92% over the year 2007-08. The export projection for 2008-09 is Rs. 1,25,950 crore.

(A) Decision for Formal Approvals:

Request for setting up of a sector specific Special Economic Zone for IT/ITES at Kommadi Village, Madhurawada (Mandal), Visakhapatnam District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited– 17.25 hectares (Item No. 1 –Sl. No. 2):

The Board noted that the Developer was in possession of the land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for IT/ITES at Kommadi Village, Madhurwada (Mandal), Visakhapatnam District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 17.25 hectares, subject to security clearance from the Ministry of Home Affairs.
2. Kukatpally Village, Balanagar (Mandal), Ranga Reddy District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited– 10.11 hectares (Item No. 1 –Sl. No. 2):

formal approval for setting up of a sector specific Special Economic Zone for IT/ITES at Kukatpally Village, Balanagar (Mandal), Ranga Reddy District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 10.11 hectares. 3. Kotwalguda Village, Shamshabad Mandal, Ranga Reddy District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited– 10.11 hectares (Item No. 1 –Sl. No. 3):

The Board noted that the Developer was in possession of land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval

Minutes of the 26th meeting of the SEZ BOA held on 4th June 08

2 for setting up of a sector specific Special Economic Zone for IT/ITES at Kotwalguda Village, Shamshabad Mandal, Ranga Reddy District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 10.11 hectares. 4. Bachupally Village, Qutbullapur (Mandal), Ranga Reddy District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited – 20.23 hectares (Item No. 1 –Sl. No. 4):

The Board noted that the Developer was in possession of land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for IT/ITES at Bachupally Village, Qutbullapur (Mandal), Ranga Reddy District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 20.23 hectares. 5. Request for setting up of a sector specific Special Economic Zone for Electronic Hardware and Software including IT/ITES at Koheda Village, Hayat Nagar (M), Ranga Reddy District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited – 40 hectares (Item No. 1 –Sl. No. 5):

formal approval for setting up of a sector specific Special Economic Zone for Electronic Hardware and Software including IT/ITES at Koheda Village, Hayat Nagar (M), Ranga Reddy District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 40 hectares. 6. Request for setting up of a sector specific Special Economic Zone for IT/ITES at Pardesipalem Village, Madhurawada Mandal, Visakhapatnam District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited – 15.78 hectares (Item No. 1 –Sl. No. 6):

formal approval for setting up of a sector specific Special Economic Zone for IT/ITES at Pardesipalem Village, Madhurawada Mandal, Visakhapatnam District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 15.78 hectares, subject to security clearance from the Ministry of Home Affairs. 7. Request for setting up of a sector specific Special Economic Zone for IT at Knowledge Park V, near Echotech III, Greater Noida, Uttar Pradesh by Diamond IT Infracon Pvt. Limited – 10 hectares (Item No. 1 –Sl. No. 7):

formal approval for setting up of a sector specific Special Economic Zone for IT at Knowledge Park V, near Echotech III, Greater Noida, Uttar Pradesh by Diamond IT Infracon Pvt. Limited over an area of 10 hectares.

3 8. Request for setting up of a sector specific Special Economic Zone for Electronic Hardware, Software and IT/ITES at Village Thirupalya, Taluka Anekal, District, Bangalore, Karnataka by Hera Realcon Pvt. Ltd. – 25.50 hectares (Item No. 1 –Sl. No. 8):
formal approval for setting up of a sector specific Special Economic Zone for Electronic Hardware, Software and IT/ITES at Village Thirupalya, Taluka Anekal, District, Bangalore, Karnataka by Hera Realcon Pvt. Ltd. over an area of 25.50 hectares. 9. Village Makarba, Taluka & District Ahmedabad, Gujarat by SGV Infrastructure Private Limited – 11.4224 hectares (Item No. 1 –Sl. No. 9):

formal approval for setting up of a sector specific Special Economic Zone for IT/ITES at Village Makarba, Taluka & District Ahmedabad, Gujarat by SGV Infrastructure Private Limited over an area of 11.4224 hectares. 10. Vadodara, Gujarat by Larsen and Toubro Limited – 10 hectares (Item No. 1 –Sl. No. 10):

formal approval for setting up of a sector specific Special Economic Zone for IT/ITES at Vadodara, Gujarat by Larsen and Toubro Limited over an area of 10 hectares. 11. Request for setting up of a sector specific Special Economic Zone for Electronic Hardware and Software including IT/ITES at Village Padghavali, Taluka Sudhagad, District Raigad, Maharashtra by Rameshwar Vaibhav Development Pvt. Ltd. – 17.227 hectares (Item No. 1 –Sl. No. 11):

The Board noted that the proposal was deferred in the meeting of the Board of Approval held on 1st May 2008, as the land was not in ownership and possession of the company. It was further noted that the developer has submitted 7/12 extract of the land confirming that the land is now in possession of the developer. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for Electronic Hardware and Software including IT/ITES at Village Padghavali, Taluka Sudhagad, District Raigad, Maharashtra by Rameshwar Vaibhav Development Pvt. Ltd. over an area of 17.227 hectares. 12. Request for setting up of a sector specific Special Economic Zone for Metal at Gadhinglaj, District Kolhapur, Maharashtra by Gremach Infrastructure Equipments & Projects – 100 hectares (Item No. 2 –Sl. No.1):

formal approval for setting up of a sector specific Special Economic Zone for Metal at

4 Gadhinglaj, District Kolhapur, Maharashtra by Gremach Infrastructure Equipments & Projects over an area of 100 hectares. 13. Request for setting up of a sector specific Special Economic Zone for Engineering at Kesurde, Taluka-Khandala, District Satara, Maharashtra by Maharashtra Industrial Development Corporation – 200 hectares (Item No. 2 –Sl. No. 2):

formal approval for setting up of a sector specific Special Economic Zone for Engineering at Kesurde, Taluka-Khandala, District Satara, Maharashtra by Maharashtra Industrial Development Corporation over an area of 200 hectares. 14. Request for setting up of a sector specific Special Economic Zone for Pharmaceutical Products & medical devices including Addictives at Survey No. 948, Chinakondur (East) Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited – 100 hectares (Supplementary Agenda – Item No. 1 - Sl. No. 2):

formal approval for setting up of a sector specific Special Economic Zone for Pharmaceutical Products & medical devices including Addictives at Survey No. 948, Chinakondur (East) Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 100 hectares, subject to security clearance from the Ministry of Home Affairs. 15. Request for setting up of a sector specific Special Economic Zone for Textile and Apparel, Garments and Fashion Accessories at Akutotapally, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited – 100 hectares (Supplementary Agenda – Item No. 1 - Sl. No. 3):

formal approval for setting up of a sector specific Special Economic Zone for Textile and Apparel, garments and Fashion Accessories at Akutotapally, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 100 hectares. 16. Request for setting up of a sector specific Special Economic Zone for Agriculture and Livestock products and related services at Mudhvin Village, Amangal Mandal, Mahabubnagar, (District) Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited – 108.356 hectares (Supplementary Agenda – Item No. 1 - Sl. No. 4):

It was noted that the SEZ was proposed for two diverse activities namely agriculture and livestock products, which are not confined to a single sector. The representative of the State Government apprised that mainly engineering related activities will be carried out in the SEZ, therefore it could be approved as a sector specific SEZ for engineering sector. The Board further noted that the Developer was in possession of the land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for Engineering sector at Mudhvin

5 Village, Amangal Mandal, Mahabubnagar, (District) Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 108.356 hectares. 17. Request for setting up of a sector specific Special Economic Zone for Biotechnology at Desarlapalli (V), Mulugu Mandal, Medak District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited – 20.23 hectares (Supplementary Agenda – Item No. 1 - Sl. No. 5):

Department of Revenue pointed out that the contiguity of the SEZ may first be ascertained. It was informed that a reference has been received from the developer confirming that the entire area of the SEZ is contiguous. The Board noted that the Developer was in possession of the land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for Biotechnology at Desarlapalli (V), Mulugu Mandal, Medak District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 20.23 hectares, subject to security clearance from the Ministry of Home Affairs. 18. Request for setting up of a sector specific Special Economic Zone for FTWZ at Mamidipally Village, Saroor Nagar (Mandal), Ranga Reddy District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited – 40.469 hectares
(Supplementary Agenda – Item No. 1 - Sl. No. 6):

Department of Revenue pointed out that the contiguity of the SEZ may first be ascertained. It was informed that a reference has been received from the developer confirming that the entire area of the SEZ is contiguous. The Board noted that the Developer was in possession of the land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for FTWZ at Mamidipally Village, Saroor Nagar (Mandal), Ranga Reddy District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 40.469 hectares. 19. Request for setting up of a sector specific Special Economic Zone for FTWZ at Amangal Village, Amangal Mandal, Mahabubnagar District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited – 41.056 hectares (Supplementary Agenda – Item No. 1 - Sl. No. 7):

Department of Revenue pointed out that the contiguity of the SEZ may first be ascertained. It was informed that a reference has been received from the developer confirming that the entire area of the SEZ is contiguous. The Board noted that the Developer was in possession of the land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for FTWZ at Amangal Village, Amangal Mandal, Mahabubnagar District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 41.056 hectares. 20. Request for setting up of a sector specific Special Economic Zone for Gems & Jewellery at Amangal Village, Amangal Mandal, Mahabubnagar District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited – 16.20 hectares
(Supplementary Agenda – Item No. 1 - Sl. No. 8):

6 Department of Revenue pointed out that the contiguity of the SEZ may first be ascertained. It was informed that a reference has been received from the developer confirming that the entire area of the SEZ is contiguous. The Board noted that the Developer was in possession of the land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for Gems & Jewellery at Amangal Village, Amangal Mandal, Mahabubnagar District, Andhra Pradesh by Deccan Infrastructure and Land Holdings Limited over an area of 16.20 hectares. 21. Request for setting up of a sector specific Special Economic Zone for Airport based SEZ at BIAL Airport, Devenahalli, Bangalore, Karnataka by Bangalore International Airport Ltd. – 113 hectares (Supplementary Agenda – Item No. 1 - Sl. No. 9):

The Board noted that the proposal was deferred in the meeting of the Board of Approval held on 1st May 2008, with a request to the Developer to make a detailed presentation on the proposal. The Developer made a presentation on the proposal, explaining that (MRO) maintenance, repair and overhaul of aircrafts, cargo village, healthcare exports and high tech manufacturing would be carried out in the SEZ. Regarding healthcare exports, the Department of Revenue pointed out that only IT enabled services relating to health sector such as medical transcription, etc. may be carried out in the SEZ and no hospital would be allowed to be set up. The Board further noted that the Developer was in possession of the land. The State Government also recommended the proposal. After detailed deliberations, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for Airport based SEZ at BIAL Airport, Devanahalli, Bangalore, Karnataka by Bangalore International Airport Ltd. over an area of 113 hectares. 22. Chokkanahalli Village, Bangalore by Milestone Buildcon Private Ltd. – 10.117 hectares
(Supplementary Agenda – Item No. 1 - Sl. No. 10):

formal approval for setting up of a sector specific Special Economic Zone for IT/ITES at Chokkanahalli Village, Bangalore by Milestone Buildcon Private Ltd. over an area of 10.117 hectares. 23. Request for setting up of a sector specific Special Economic Zone for Engineering at Village Bhagan and Kurar Ibrahimpur, Near Murthal, District Sonepat Haryana by Ansal Kamdhenu Engineering SEZ Ltd. – 101.24 hectares
(Supplementary Agenda – Item No. 1 - Sl. No. 11):

The Board noted that the proposal was deferred in the meeting of the Board of Approval held on 16th May 2008, wherein the Board directed that the developer may come up with a fresh proposal in the name of the SPV which is in legal possession of the land. The Board further noted that the developer has accordingly filed a fresh application in the name of SPV company i.e. M/s. Ansal Kamdhenu Engineering SEZ Ltd., who has the possession of
land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for

7 Engineering at Village Bhagan and Kurar Ibrahimpur, Near Murthal, District Sonepat Haryana by Ansal Kamdhenu Engineering SEZ Ltd. over an area of 101.24 hectares. (B) Decision for Deferment:
1. Request for setting up of a sector specific Special Economic Zone for Engineering at Phaltan MIDC, District Satara, Maharashtra by Maharashtra Industrial Development Corporation – 103.29 hectares (Item No. 2 –Sl. No. 3):

The Board noted that there is some litigation regarding higher compensation for the land. Accordingly, the Board decided to defer the proposal.

Request for setting up of a sector specific Special Economic Zone for Multi services at Gorai Manori Uttan Region, Mumbai, Maharashtra by Essel Infraprojects Ltd. (Earlier Pan India Paryatan Ltd.) – 358.4 hectares (Item No. 2 –Sl. No. 4):

The Board noted that the proposal was deferred in the Meeting of the Board of Approval held on 1st May 2008 with the request to the developer to make a detailed presentation on the proposal. The developer made a presentation about the activities proposed to be carried out in the SEZ. The developer also mentioned that 110 hectare land is in their possession and is contiguous. The DoR expressed apprehension about mass tourism based activities such as amusement parks being set up inside the processing area of SEZ. After discussion, the Board directed the Developer to specify the activities proposed to be carried out in the non-processing area as well as in the processing area. Accordingly the Board decided to defer the proposal.

Survey Nos. 1058, 1050 and 1060. Karimnagar town, Karimnagar District, Andhra Pradesh by Andhra Pradesh State co-operative Marketing Federation Limited – 10.12 hectares (Supplementary Agenda – Item No. 1 - Sl. No. 1):

The Board noted that the Memorandum of Articles of Association does not list ‘Development of SEZ’ as one of the objectives. Accordingly, the Board decided to defer the proposal with the direction to advise the developer to revise the Memorandum of Articles of Association.

Request for setting up of Airport Based SEZ at Gagret, Una District, Himachal Pradesh by M/s Skil Infrastructure Limited. (Supplementary Agenda: Item No. 3):

The Department of Revenue reiterated that airport based SEZ can be set up only in relation to an existing airport. Moreover, setting up of a Green Field Airport will take up large portion of the area, resulting in a very small processing area. After deliberations, the Board decided to defer the proposal with the direction to Developer to provide more details on the proposed SEZ.

Item No.3: Requests for change in name/ transfer of approvals in the name of new company

8 (i) Request of M/s. DLF Limited for changing the name to M/s. DLF Haryana SEZ (Gurgaon) Ltd. After deliberations, the Board decided to approve the request of M/s. DLF Limited for changing the name to M/s. DLF Haryana SEZ (Gurgaon) Ltd. (ii) Request of M/s Ananth Technologies Ltd. for transfer of formal approval letter in the name of M/s Ananth Phoenix Infoparks Private Limited The Board noted that M/s. Ananth Phoenix Infoparks Private Limited is 100% subsidiary of M/s. Ananth Technologies Ltd. After deliberations, the Board decided to approve the request of M/s. Ananth Technologies Limited for transferring the formal approval in the name of M/s. Ananth Phoenix Infoparks Private Limited subject to transfer of land in the name and possession of M/s. Ananth Phoenix Infoparks Private Limited.
(iii) Request of M/s. Dynasty Developers Pvt. Ltd. for transfer the approval in the name of SPV viz. M/s. Pune-Embassy Project Pvt. Ltd.
The Board noted that M/s. Pune-Embassy Project Private Limited is a subsidiary of M/s. Dynasty Developers Private Limited. After deliberations, the Board decided to approve the request of the developer for transferring the approval/notification in the name of an SPV company i.e. M/s. Pune-Embassy Project Pvt. Ltd. subject to transfer of land in the name and possession of the SPV Company.

Item No. 4: Requests for authorized operations

(i) Request of M/s Estra IT Park Private Limited for authorized operations in the IT/ITES SEZ at Mount Poonamalee High Road, Iyyapanthangal, Porur, Chennai, Tamil Nadu. The Developer made a detailed presentation on the requirement of authorized activities. After deliberations, the Board decided to approve the authorized activities, as listed below, in the processing area, subject to the condition that it will be for exclusive use of the SEZ employees.

S.No Authorised activity in Processing area Quantum Approved 1. Shopping Arcade/Retail Space 27871 sq. mtr. 2. Service Apartments 100 units in a total area of 3716 sq. mtr. 3. Clinic & Medical Centre 93 sq. mtr. 4. Power Generation 45 MW (only for captive usage) 5. Business/Convention Centre 4645 sq. mtr.

9 (ii) Request of M/s Maharashtra Airport Development Company for setting up of Ready Mix Concrete (RMC) Plant in the non-processing area of Mihan SEZ in Nagpur, Maharashtra.

The Department of Revenue observed that the activity does not relate to creation of infrastructure. After deliberations, the Board decided to advise the developer to approach the Development Commissioner/Unit Approval Committee concerned for setting up of a unit in the processing area for this purpose.

(iii) Request of M/s. Serene Properties Private Limited for authorized operations in the IT/ITES SEZ at Pocharam Village, Ranga Reddy District, Andhra Pradesh

After deliberation, the Board decided to approve the authorized activities in the processing area of the SEZ, as listed below:

S.No. Authorized Activities in processing area Quantum Approved (in sq. meters) 1. Canteen/ Cafeteria/ Restaurant 1414.33
2. Business centre with conference rooms 215.22 3. Indoor Recreational Facilities 334.24 4. Toilets/Pantries/Stores 704.47 5. Services/Corridor/Lobby/Staircase 996.35 6. Lawn Tennis Courts 552.65 7. Multipurpose Court 582.90 8. Water Retention Pond 845.23 9. Amphitheatre 505.80 10. Garden seating space 405.47

(iv) Request of M/s. Mundra Port and Special Economic Zone Ltd. for setting up of Hospital in the multi product SEZ (Phase II) at Mundra, Kutch, Gujarat.

After deliberation, the Board decided to approve the request of the developer for setting up of 100 bed hospital with a built up space of 6500 sq. meters, in the non-processing area in the multi product SEZ in Mundra, Kutch, Gujarat, proposed to be developed by M/s. Mundra Port and Special Economic Zone Limited.

Item No. 5: Request of M/s. Welspun Anjar SEZ Limited for change in sector of the sector specific SEZ for Textile and Garment in Kutch District, Gujarat

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The representative of the State Government sought deferment of the proposal. Accordingly, the Board decided to defer the request of M/s. Welspun Anjar SEZ Limited for change in sector of the sector specific SEZ for Textile and Garment to Engineering, in Kutch District, Gujarat

Item No. 6: Requests for change in area of the SEZs

(i) Request of M/s Orion IT Parks Private Limited for change in area of the IT/ITES SEZ at Rajarhat, Kolkata, West Bengal.
The Board approved the correction in the minutes of the meeting of the Board of Approval held on 2nd January 2008, thereby amending the area of the IT/ITES SEZ in Rajarhat, Kolkata, West Bengal, proposed to be developed by M/s. Orion IT Parks Private Limited, from 28.33 hectares to 11.46 hectares.

The Board noted that the State Government has already recommended the proposal of the developer for adding an area of 20.74 hectares to the already approved area of the SEZ. The representative of the State Government confirmed that the land area proposed to be added is in possession of the developer. Accordingly, the Board decided to approve the request of the developer for increasing the area of the SEZ by adding 20.74 hectares, thereby making the area of the SEZ as 32.20 hectares.

(ii) Request of M/s RNB Infrastructure Private Limited for change in area of the textile SEZ at Bikaner, Rajasthan The Board noted that the Development Commissioner, Noida SEZ has already sent an Inspection Report, certifying that the additional area is in possession of the developer and is contiguous. Accordingly, the Board decided to approve the request of M/s. RNB Infrastructure Private Limited for increasing the area of the SEZ by adding an additional land of 24.51 hectares, thereby making the total area of the SEZ as 127.92 hectares.

Item No. 7: Requests for co-developer

(i) Request of M/s Ariston Properties Pvt. Ltd. for co-developer in the SEZ proposed to be developed by M/s. Lahari Infrastructure Limited in Ranga Reddy District of Andhra Pradesh
The Board noted that the proposal was deferred in the earlier meetings of the Board of Approval due to lack of clarity on the period of lease. The Board further noted that the period of lease has been scaled down to 30 years, which has been appropriately incorporated in the co-developer agreement. Accordingly, the Board decided to approve the request of M/s Ariston Properties Pvt. Ltd. for co-developer in the Service Sector SEZ proposed to be developed by M/s. Lahari Infrastructure Limited in Ranga Reddy District of Andhra Pradesh, subject to the condition that the lease agreement will be executed as per the revised co- development agreement.

11 (ii) Request of DLF Utilities Private Limited for co-developer in the IT/ITES SEZ at DLF City, Gurgaon, Haryana proposed to be developed by DLF Cyber City Developers Limited

The representative of the State Government sought deferment of the proposal. Accordingly, the Board decided to defer the request of M/s. DLF Utilities Private Limited for co-developer in the IT/ITES SEZ at DLF City, Gurgaon, Haryana proposed to be developed by DLF Cyber City Developers Limited.

(iii) Request of DLF Utilities Private Limited for co-developer in the IT/ITES SEZ at Silokhera, Gurgaon, Haryana proposed to be developed by DLF Limited

The developer made a presentation on the proposal. The State Government representative recommended the proposal. After deliberations, the Board decided to approve the request of DLF Utilities Private Limited for co-developer in the IT/ITES SEZ at Silokhera, Gurgaon, Haryana proposed to be developed by DLF Limited. The developer also sought approval for 60 MW capacity of the power plant. The Board also decided to approve the request of the developer for 60 MW capacity of the power plant in the non-processing area subject to the condition that it will be used exclusively for captive purposes in the SEZ.

(iv) Request of Sanmina-SCI Technology India Private Limited for co-developer in the Electronic Hardware and related Support Services including Trading and Logistics Operations SEZ at Oragadam, Sriperumpudur Taluk, Kancheepuram District, Tamil Nadu proposed to be developed by State Industries Promotion Corporation of Tamil Nadu (SIPCOT) The representative of CBDT mentioned that SIPCOT has allotted land to the applicant as an industrial unit and not as a co-developer. The representative of the co-developer company clarified, that they have not applied for setting up of an industrial unit in the SEZ. Instead, they are seeking the status of the co-developer in the SEZ where they expect their sister companies to come up as units. After deliberations, the Board decided to approve the request of Sanmina-SCI Technology India Private Limited for co-developer in the Electronic Hardware and related Support Services including Trading and Logistics Operations SEZ at Oragadam, Sriperumpudur Taluk, Kancheepuram District, Tamil Nadu proposed to be developed by State Industries Promotion Corporation of Tamil Nadu (SIPCOT). (v) Request of M/s. Dhunseri Tea and Industries Ltd. for co-developer in the IT/ITES SEZ at 24 Parganas (South), West Bengal proposed to be developed by M/s. M.L. Dalmiya and Company Limited
After deliberations, the Board decided to approve the request of M/s. Dhunseri Tea and Industries Ltd. for co-developer for 3.03 acres area in the IT/ITES SEZ at 24 Parganas (South), West Bengal proposed to be developed by M/s. M.L. Dalmiya and Company Limited

(vi) Request of M/s. Bonanza Trading Company Private Limited for co-developer in the IT/ITES SEZ at 24 Parganas (South), West Bengal proposed to be developed by
M/s. M.L. Dalmiya and Company Limited

12 After deliberations, the Board decided to approve the request of M/s. Bonanza Trading Company Private Limited for co-developer for 1.01 acres area in the IT/ITES SEZ at 24 Parganas (South), West Bengal proposed to be developed by M/s. M.L. Dalmiya and Company Limited

(vii) Request of M/s. Mint Investments Limited for co-developer in the IT/ITES SEZ at 24 Parganas (South), West Bengal proposed to be developed by M/s. M.L. Dalmiya and Company Limited
After deliberations, the Board decided to approve the request of M/s. Mint Investments Limited for co-developer for 2.01 acres area in the IT/ITES SEZ at 24 Parganas (South), West Bengal proposed to be developed by M/s. M.L. Dalmiya and Company Limited

(viii) Request of M/s. Ruchi Infosystems for co-developer in the IT/ITES SEZ at 24 Parganas (South), West Bengal proposed to be developed by M/s. M.L. Dalmiya and Company Limited

After deliberations, the Board decided to approve the request of M/s. Ruchi Infosystems for co-developer for 5.57 acres area in the IT/ITES SEZ at 24 Parganas (South), West Bengal proposed to be developed by M/s. M.L. Dalmiya and Company Limited

(ix) Request of M/s. BPTP Special Economic Zone Pvt. Ltd. for co-developer in the IT/ITES SEZ at Plot No. 202, Sector KP-V, Greater Noida, Uttar Pradesh proposed to be developed by M/s. Gallant Infracon Pvt. Ltd. (x) Request of M/s. Fast Track Infracon Pvt. Ltd. for co-developer in the IT/ITES SEZ at Plot No. 3, sector 140A, Noida, Uttar Pradesh proposed to be developed by M/s. Jubilant Infracon Pvt. Ltd. (xi) Request of M/s. Green Star Infratech Pvt. Ltd. for co-developer in the IT/ITES SEZ at Tehsil & District, Faridabad (Haryana) proposed to be developed by M/s. Perpetual Infracon Pvt. Ltd. (xii) Request of M/s. Milestone SEZ Pvt. Ltd. for co-developer in the IT/ITES SEZ at District Gurgaon, Haryana proposed to be developed by M/s. Gracious Buildcon Pvt. Ltd. The Board noted that the above SEZs are yet to be notified. Accordingly, the Board decided to defer all the four above mentioned requests.
(xiii) Request of M/s. DLF Utilities Pvt. Ltd. for co-developer in the IT/ITES SEZ at Hyderabad, Andhra Pradesh proposed to be developed by DLF Commercial Developers Ltd.
The developer made a presentation on the proposal. After deliberation, the Board decided to approve the request of DLF Utilities Private Limited for co-developer in the IT/ITES SEZ at Hyderabad, Andhra Pradesh proposed to be developed by DLF Limited. The developer also sought approval for 84 MW capacity of the power plant. The Board also decided to approve the request of the developer for 84 MW capacity of the power plant in the non-processing area subject to the condition that it will be used exclusively for captive purposes in the SEZ.

13 (xiv) Request of M/s. DLF Utilities Pvt. Ltd. for co-developer in the IT/ITES SEZ at Chennai, Tamilnadu proposed to be developed by DLF Info City Developers Ltd.
The developer made a presentation on the proposal. After deliberation, the Board decided to approve the request of DLF Utilities Private Limited for co-developer in the IT/ITES SEZ at Chennai, Tamil Nadu proposed to be developed by DLF Limited. The developer also sought approval for 48 MW capacity of the power plant. The Board also decided to approve the request of the developer for 48 MW capacity of the power plant in the non-processing area subject to the condition that it will be used exclusively for captive purposes in the SEZ.

Supplementary Agenda:

Item No. 2: Requests for Co-developers

(i) Request of M/s. Asteck Infracon Private Limited for co-developer in the IT/ITES SEZ at Bantala, Gangapur, West Bengal proposed to be developed by M/s. M.L. Dalmiya and Company Limited

The Board noted that the proposal was deferred in the meeting of the Board of Approval held on 1st May 2008. The Board further noted that the co-developer has submitted net worth of the promoter/group companies as 20.89 crore. After deliberations, the Board decided to approve the request of M/s. Asteck Infracon Private Limited for co-developer for 3.295 acres area in the IT/ITES SEZ at Bantala, Gangapur, West Bengal proposed to be developed by M/s. M.L. Dalmiya and Company Limited.
Separately, CBDT representative raised the issue of filing of Income Tax return in cases where the same company functions both as co-developer and unit for the same area. It was desired that DoR and DCs may obtain the relevant information from the field in such cases and report the status in the next BoA meeting.

(ii) Request of M/s. WDC Technologies Private Limited for co-developer in the IT/ITES SEZ proposed to be developed by M/s. M.L. Dalmiya and Company Limited

The Board noted that the proposal was deferred in the meeting of the Board of Approval held on 1st May 2008. The representative of the co-developer company made a detailed presentation on the proposal. After deliberation, the Board decided to approve the request of M/s. WDC Technologies Private Limited for co-developer for 6 acres area in the IT/ITES SEZ proposed to be developed by M/s. M.L. Dalmiya and Company Limited

(iii) Request of M/s. Forum IT Parks Private Limited for co-developer in the IT/ITES SEZ at South 24 Parganas, West Bengal proposed to be developed by M/s. M.L. Dalmiya and Company Limited

14 The Board noted that the proposal was deferred in the meeting of the Board of Approval held on 1st May 2008, as the development agreement was between Forum Project Holdings Private Limited and the developer whereas the application for the co-developer status was made by Forum IT Parks Private Limited. The Department of Revenue reiterated its earlier observation. Replying to the observation, the representative of the co-developer company stated that if there is any objection to the earlier arrangement, they are ready to file co-developer application in the name of M/s. Forum Project Holdings Private Limited. Subsequent to the submission of the application by M/s. Forum Project Holdings Private Limited as Co-Developer, the Board decided to approve the request of M/s. Forum Project Holdings Private Limited for co-developer in the IT/ITES SEZ at South 24 Parganas, West Bengal proposed to be developed by M/s. M.L. Dalmiya and Company Limited.

(iv) Request of M/s. MPSEZ Utilities Private Limited for co-developer in the multi product SEZ (MPSEZ-Part-II) at Mundra, Kutch District, Gujarat

The representative of the co-developer company made a detailed presentation on the proposal. He, inter-alia, explained that the co-developer company is a 100% subsidiary of the developer company, whose net worth is Rs. 746.35 crore. After deliberations, the Board decided to approve the request of M/s. MPSEZ Utilities Private Limited for co-developer in the multi product SEZ (MPSEZ-Part-II) at Mundra, Kutch District, Gujarat (v) Request of M/s. Adicorp Mundra SEZ Infrastructure Private Limited for co- developer in the multi product SEZ (MPSEZ-Part-II) at Mundra, Kutch District, Gujarat

The representative of the co-developer company made a detailed presentation on the proposal. He, inter-alia, explained that the co-developer company is a subsidiary of M/s. Adani Enterprises Limited, whose net worth is Rs. 1150 crore. After deliberations, the Board decided to approve the request of M/s. Adicorp Mundra SEZ Infrastructure Private Limited for co-developer in the multi product SEZ (MPSEZ-Part-II) at Mundra, Kutch District, Gujarat

Item No. 4 Requests for Authorized Operations

(i) Request of Navi Mumbai SEZ Pvt. Ltd. for authorized operations in the multi product SEZ in Mumbai, Maharashtra

The developer made a detailed presentation on the proposal. As regards Jetties, he explained that out of 3 proposed Jetties, 2 Jetties will be outside the SEZ and one Marina Jetty will be inside the SEZ. After deliberation, the Board decided to approve the authorized activities, as listed below subject to the condition that no tax benefits/duty concessions would be available for any activity carried outside the notified SEZ area.

• One Marina Jetty for exclusive use of the employees of the SEZ (with following area)

S.No. Particulars No.
Area (Hectares) 1. Marina Area
1 5.00

15 Pontoons (Area 3300 sq mtrs) – within Marina 2. Facilities and Parking 1 1.35 3. Total area under Marina Jetty Project

6.35 4. Dredging Area

7.32

• Two Helipads with following area

S.No. Description Area (in hectares) 1. Helipad landing area 0.18 2. Helipad road area 0.05 3. Helipad lounge area 0.01 4. Parking area 0.03 5. Landscape area 1.43

Total 1.7

• Three Fuel Stations with 100 KLs capacity each, in the non-processing area.

Item No. 5: Request of M/s. Mayar India Limited for transfer of approval in the name of M/s. Mayar Infrastructure Development Pvt. Ltd. and request for splitting the proposal for setting up of the Biotech SEZ into two proposals

After deliberations, the Board approved the request of M/s. Mayar India Limited for transfer of formal approval in the name of M/s. Mayar Infrastructure Development Pvt. Ltd. The Board also approved the request for splitting the proposal for setting up of the Biotech SEZ into following two proposals:

S.No. Name of the Developer Location Area (In Hectares) Sector 1. Mayar Infrastructure Development Pvt. Ltd. Villages Rakha and Rani-ka-Singolla, Tehsil Sohna, District Gurgaon, Haryana 25.64 Biotechnology 2. Mayar Infrastructure Development Pvt. Ltd. Villages Rakha and Nimoth, Tehsil Sohna, District Gurgaon, Haryana 12.67 Biotechnology

Item No. 6: Personal hearing in case of SCNs issued to formally approved SEZs in Goa

The Developers of four formally approved SEZs appeared before the BoA. They broadly submitted the following points in their oral and written submissions.

16 • In three out of four cases, land has been allotted by GIDC itself specifically for setting up of SEZs only. GIDC is still collecting rent from them and their allotments have still not been cancelled. The land allotted was already declared as Industrial area, thus there is no diversion of agricultural land. They have also received various permissions like construction licence, etc. from State Government agencies. On this issue, the BoA requested them to provide copies of permissions like construction licence and latest receipt of rent paid to GIDC, within a week. • In case of Panchbhumi Developers, they explained that they are a local Goan Company and are setting up SEZ on their own private land in North Goa. They further added that North Goa does not have many employment opportunities. They have already filed a Writ petition in the High Court.
• The Developers have not received any communication from the state government so far about withdrawal of recommendation.
• They have already made significant investments in land, project planning and preparation, appointment of consultants, land fencing, surveys, etc. • The Goa Government has a notified policy for SEZs which has so far not been withdrawn.
• Paradigm Logistics Developers further added that they are developing an IT/ITES SEZ wherein majority of employment opportunities would be for local Goan youth in the BPO firms. They have already started training programs for the local youth.
• It would be against the doctrine of ‘promissory estoppel’ and ‘legitimate expectations’ to cancel the formal approvals already given. • State Government has no power to withdraw recommendation once it has been given. In any case the recommendation stands merged in the final approval granted. Once the recommendation has been sent, state government is rendered ‘functus officio’.
• Principles of natural justice have been violated as they were not given hearing before withdrawal of state government recommendation. • Central government has no power to cancel formal approval barring cases of fraud or misrepresentation.

After hearing them at length, BoA decided to refer the submissions made by them to State Government for their comments as no representative of State Government was present in the meeting. The matter would be discussed at the next meeting of the BoA after the comments of the State Government are received.

Table Agenda: Issue relating to conversion of DMRC IT Park at Shastri Park, Delhi from STPI to SEZ The matter of conversion of DMRC IT Park at Shastri Park from STPI to SEZ was discussed in detail. The BoA observed that, after looking into the entire circumstances, this is a special case where -
• The proposed land was vacant on the date of application for setting up of SEZ. • It is a case under Rule 5(3) of the SEZ rules and hence had the approval of E GoM.

17 • DMRC is joint venture Company between Government of India and Delhi Government and is of international repute and known for executing projects in a time bound manner. Non-approval of SEZ at this juncture may have a negative impact on the commercial viability of the project.

In view of the above facts, it was decided that Department of Commerce may discuss with DMRC officials whether all the existing STPI units are willing to- • Refund back to Government all the tax benefits, both direct and indirect, claimed so far by the existing units under STPI scheme.
• Exit from the STPI scheme and obtain letter of approval under the SEZ Act and Rules after the notification of the SEZ.

After discussion with the DMRC officials, the matter may again be placed before the BoA in its next meeting for decision.
Item No. 8 of the main agenda: Proposal of Dr. Vikram I. Shah, Ahmedabad for setting up of a unit in Surat SEZ, Sachin for providing services in medical field Due to paucity of time, the proposal could not be discussed.