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Mahalakshmi Sugar Mills Co. Ltd.& Anr vs Union Of India & Ors on 31 March, 2008

The judgment in Mahalakshmi Sugar Mills Co. Ltd. case (supra) referred to by the learned counsel for the petitioner is not applicable to the facts of the present case. Learned counsel for the petitioner has relied upon para 53 of the said judgment, which describes the grounds on which subordinate legislation can be questioned. Ground (e) is that such subordinate legislation is not reasonable. Mere quantification of the C.W.P. No.291 of 2012 7 compounding fee at the rate of Rs.400/- per sq. yard for the saleable area cannot be said to be unreasonable. The quantification of compounding fee cannot be made subject matter of judicial review. Such fee is part of the legislative discretion, which includes the discretion of the delegated legislation keeping in view the doctrine of wednesbury and proportionality.
Supreme Court of India Cites 30 - Cited by 43 - S B Sinha - Full Document
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