(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) As submitted by learned advocate for the petitioner, we permit correction of the typographical error appearing at the last line of paragraph 2 at page 3 of the petition, where within first bracket the phrase "Mega Watt Hours" be read as "Mega Watt" deleting the word "Hours". The petitioner is also permitted to delete the phrase "under protest" appearing after the words "the petitioner" in paragraph 14 of the petition as, according to him, it was a typographical error.
Issue notice returnable on May 11, 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 Chhatrapati, 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 24(E) of this application for a period of fortnight from the reopening of the Court after summer vacation. 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, Actg. C.J.) (J.B.Pardiwala, J.) /moin Top