(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) Issue NOTICE, returnable on July 13, 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. K.S. Nanavati, 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 restraining the respondents from recovering any amount 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 one week 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.] [J.B.PARDIWALA. J.] pirzada/-
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