Gujarat High Court
Relience vs State on 9 January, 2011
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
SCA/4690/2012 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4690 of 2012 ========================================================= RELIENCE INDUSTRIES LTD & ANR Versus STATE OF GUJARAT & ORS. ========================================================= Appearance : MR MIHIR THAKORE, SR. ADVOCATE with MS AMRITA M THAKORE for Petitioners. ========================================================= CORAM : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 13/04/2012 ORAL ORDER
(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) Issue NOTICE, returnable on April 27, 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 Mr. Thakore, the learned Senior 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 atleast to this extent that the respondent should be restrained from initiating any further proceedings against the petitioner in furtherance of the Public Advertisement dated September 9, 2011 and notices dated October 1, 2011, October 10, 2011, November 8, 2011, December 2, 2011, February 2, 2012 and February 9, 2012 including steps to recover any amounts by way of cess on generation of electricity under the provisions of the Gujarat Green Cess Act, 2011 and the Gujarat Green Cess Rules, 2011 for a period of three weeks from today, with liberty to apply for extension on the selfsame application after service of notice to the respondents. We accordingly pass such order.
Direct Service is permitted.
[BHASKAR BHATTACHARYA, ACTING C.J.] mathew [J.B.PARDIWALA. J.]