Gujarat High Court
Essar vs State on 11 May, 2012
Bench: Bhaskar Bhattacharya, J.B.Pardiwala
Gujarat High Court Case Information System
Print
SCA/7144/2012 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7144 of 2012
=========================================================
ESSAR
POWER LIMITED
Versus
STATE
OF GUJARAT & ORS.
=========================================================
Appearance :
M/S
NANAVATI ASSOCIATES for
Petitioner.
=========================================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 11/05/2012
ORAL ORDER
(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) In view of urgency of the matter, let this matter be treated as on todays' list.
Issue notice returnable on June 14, 2012.
Since in this application, the petitioner has challenged the provisions contained in Gujarat Green Cess Act, 2011 and the Gujarat Green Cess Rules, 2011 as ultra vires the Constitution of India, let notice be also issued upon the learned Advocate General of the State.
After hearing the learned Advocate appearing on behalf of the petitioner and after going through the decision of the Supreme Court in the case of M.P. CEMENT MANUFACTURER'S ASSOCIATION vs. STATE OF MP AND OTHERS reported in (2004) 2 SCC 249, we are convinced that the petitioner has made out a strong prima-facie case to have an interim order in terms of prayer 14(C) of this application till the returnable date. We accordingly pass such order with liberty to apply for extension on the selfsame application on the returnable date.
Direct Service is permitted.
[BHASKAR BHATTACHARYA, ACTING C.J.] mathew [J.B.PARDIWALA. J.] Top