Arshiya Limited vs State Of Maharashtra And Others

Sunil B. Shukre, J

Leave to amend the cause title so as to correct the representation of the State of Maharashtra, is granted. Amendment be carried out forthwith.

Heard. Rule. Rule made returnable forthwith, by consent of learned counsel for the respective parties.

We are of the view that even though the Government has formulated a policy of granting certain incentives and benefits for inviting foreign investment in industrial service and trade operations as per its G.R. dated 12.10.2001, which has been to some extent made into reality by issuing another G.R. dated 15.10.2011, the fact remains, in a case like this, that unless a proper procedure regarding grant of exemption and compensating the concerned Grampanchayat for loss that it may incur because of grant of such exemptions, is followed by the State Government, a policy as framed by the Government cannot be effectively implemented. In other words, in a case like this, it would be necessary for the State Government to decide the representation made by the petitioner seeking some exemption from payment of local taxes including Grampanchayat taxes. It is seen that there is already one representation made in this regard by the petitioner, but same has not yet been decided. In our considered view, this representation would have to be decided by the State Government by following the procedure prescribed in Section 124 of the Maharashtra Village Panchayats Act, 1959 and this has to be done in the time bound manner by the Respondent No.1. Accordingly we issue the following directions:-

(i) Respondent No.1 is directed to decide the representation of the petitioner dated 21.01.2019 in accordance with law, particularly keeping in view the procedure prescribed under Section 124 of the Maharashtra Village Panchayats Act, 1959, after giving due opportunity of hearing to Respondent No.5, at the earliest and preferably within a period of four weeks from the date of appearance before Respondent No.1.

(ii) Parties to appear before Respondent No.1 on 27th June, 2023 at 3.00 p.m.

(iii) We direct that Respondent No.5 shall not finalise the process for sale of the attached properties till final decision is taken by Respondent Nos.1 and 2 and two weeks after the final decision is taken, in case the decision is adverse to the petitioner.

Rule is made absolute in the above terms.

Interim application is disposed of in terms of the final order.

Parties to act on an authenticated copy of this order.