ULTRATECH CEMENT LIMITED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the notification dated 04.09.2019 passed by the Respondent-State Government amendingthe Schedule I and II of the Chhattisgarh (Adhosamrachana, Vikas Avam Paryavaran) Upkar Adhiniyam, 2005 and thereby revising the rate of Development Cess and Environment Cess.

(2.) The challenge primarily made to the notification or amendment brought in is that the State Government is denuded of its power to enact any such provision firstly and secondly, once when the matter has already subjudiced before the Hon'ble Supreme Court so far as the validity of the act itself, the Respondent-State Government should have refrained from revising the Development Cess and Environment Cess which were already enforced.

(3.) A bunch of writ petitions, leading of which being W.P. 2445/2006 and other analogous writ petitions challenging the validity of the original Act itself i.e. the Principle Act, 2005 referred to in the preceding paragraph.