SUTRAPADA NAGARPALIKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two petitions are filed challenging the order dtd. 22/2/2001 of respondent No.1 - State of Gujarat, in exercise of its powers under Sec. 201 of Gujarat Panchayat Act, 1993 (hereinafter referred to as "the Act 1993") whereby, the State Government has fixed lump-sum contribution of Rs.30.00lakhs for the year 2000-2001, Rs.33.00 lakhs for the year 2001- 2002 and Rs.30.00 lakhs for the year 2002-2003, in lieu of octroi tax.

(2.) Special Civil Application No.2150 of 2001 is filed by Sutrapada Nagarpalika which used to collect Octroi from respondent No.2 - Company whereas Special Civil Application No.5083 of 2002 is filed by Gir-Somnath District Panchayat which used to receive 10% sur-charge from Sutrapada Nagarpalika. It is case of both the petitioners that the lumpsum contribution fixed by the State Government in lieu of octroi tax is dis-proportionate in comparison to the octroi tax collected by petitioner-Sutrapada Nagarpalika and, therefore, the order dtd. 22/2/2001 deserves to be quashed and set aside by fixing appropriate contribution in lieu of octroi tax, on an application filed by respondent - Company.

(3.) Heard learned advocate Mr. Dipan Desai for the petitioner - Sutrapada Nagarpalika and learned advocate Ms. Khyati Hathi for the petitioner - Gir Somnath Dist. Panchayat in Special Civil Application Nos.2150 of 2001 and 5083 of 2002 respectively, learned AGP Mr. Sahil Trivedi for respondent No.1-State and learned advocate Mr. Paritosh Gupta for respondent No.2 - Company.