Madhya Pradesh High Court
M/S Orange Mamatkheda Wind Pvt. Ltd vs The State Of Madhya Pradesh on 28 June, 2021
Author: Sujoy Paul
Bench: Sujoy Paul
1 WP-10439-2021
The High Court Of Madhya Pradesh
WP-10439-2021
(M/S ORANGE MAMATKHEDA WIND PVT. LTD Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Indore, Dated : 28-06-2021
Heard through Video Conferencing.
Shri Piyush Mathur, learned Senior Counsel with Shri Manu
Maheshwari, learned counsel for the petitioner.
Shri Pushyamitra Bhargav, learned Additional Advocate General
for the State.
Learned Senior Counsel for the petitioner submits that as per
Section 3 of the Building and Other Construction Workers Welfare Cess
Act 1996, cess can be levied only on the construction cost, whereas in
the impugned order, the cess is levied on the entire project cost. The
specific objection with details filed before the Authority were not taken
care of and in a mechanical manner, impugned order has been passed.
The consequential order is also passed to deposit the said amount,
otherwise coercive action shall be taken against the petitioner.
Learned Senior Counsel further submits that he has also challenged
the vires of certain provisions of the BOCW Cess Rules, 1998.
Shri Pushyamitra Bhargav, learned AAG for the State submits that
similar question is involved in WP No.540/2021 and WP No.3407/2020.
Apart from the constitutionality of rule aspect, other aspects are already
covered in the reply filed in WP No.540/21 & WP No.3407/20.
Shri Mathur, learned Senior Counsel submits that yet another WP
No.8163/21 is also pending on the same subject.
In this view of the matter, list this matter with WP No.540/21, WP
No.3407/20 & WP No.8163/21 on 05/07/2021. The question of
constitutionality will be looked into, if required, on the next day.
Signature Not VerifiedDigitally signed by
At this stage, learned Senior Counsel submits that till Monday, the
SAN SOUMYA RANJAN
DALAI
Date: 2021.06.28
17:40:26 IST
2 WP-10439-2021
respondents be restrained from taking any coercive action against the
petitioner.
Prayer is reasonable.
Accordingly, till next date of hearing, no coercive action shall be taken against the petitioner pursuant to the impugned order.
CC as per rules.
(SUJOY PAUL) (ANIL VERMA)
JUDGE JUDGE
soumya
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SOUMYA RANJAN
DALAI
Date: 2021.06.28
17:40:26 IST