Gujarat High Court
Nagarjuna Construction Co. Ltd vs Union Of India & on 21 November, 2014
Bench: Vijay Manohar Sahai, R.P.Dholaria
C/SCA/12773/2007 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 12773 of 2007
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NAGARJUNA CONSTRUCTION CO. LTD.....Petitioner(s)
Versus
UNION OF INDIA & 1....Respondent(s)
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Appearance:
MR GM JOSHI, ADVOCATE for the Petitioner(s) No. 1
MR KAMAL B TRIVEDI, ADVOCATE GENERAL assisted by MR UTKARSH
SHARMA, AGP for the Respondent(s) No. 2
MR NISHANT LALAKIYA, ADVOCATE for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
VIJAY MANOHAR SAHAI
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 21/11/2014
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR SAHAI)
1. We have heard Mr.G.M.Joshi, learned counsel for the petitioner, Mr.Nishant Lalakiya, learned counsel for respondent No.1 and Mr.Kamal B.Trivedi, learned Advocate General assisted by Mr.Utkarsh Sharma, learned AGP for respondent No.2.
2. This writ petition has been filed by the petitioner challenging vires of section 3 of the Page 1 of 2 C/SCA/12773/2007 ORDER Building and Other Construction Workers Cess Act, 1996 being violative of Articles 14, 19 and 300-A of the Constitution of India.
3. Without going into the respective case of the parties, this petition can fairly be decided as it is covered by the judgment of the Apex Court in Diwanchandra Builders and Contractors Vs Union of India and others, (2012) 1 SCC 101 wherein the Apex Court has upheld the validity of the Act and Rules both.
4. For the aforesaid reason, we do not find any merits in this petition. This writ petition fails and the same is dismissed accordingly. Rule is discharged. There shall be no order as to costs.
(V.M.SAHAI, ACJ.) (R.P.DHOLARIA,J.) pathan Page 2 of 2