(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) 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 Mathur, 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 16(D) of this application for a period of fortnight from today. 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 CJ.) (J.B.
PARDIWALA, J.) zgs/-
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