RELIANCE COMMUNIVATIONS LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner No. 2 is an officer and Constituted Attorney of petitioner No. 1. The reference in this judgment to the petitioner will be to petitioner No. 1. Respondent Nos. 2 and 3 are the Directorate of Industries and Joint Director of Industries. The petitioner seeks a writ of certiorari to quash a report dated 5th January, 2011, prepared by an expert committee and an order dated 4th March, 2011, passed by respondent No. 3, cancelling a registration certificate issued in its favour. The petitioner has also sought a writ of mandamus restraining the respondents from acting in furtherance of the said report and order.

(2.) Respondent No. 1 - Government of Maharashtra, with a view to encourage setting up IT units and infrastructure in the State from time to time announced the Maharashtra IT/ITES Policy. We are concerned in this writ petition with the Policy for the year 2009.

(3.) (A) Clause 3 of the Policy for the year 2009 enumerated the initiatives enabling creation of long term assets through an expanding talented pool, extensive IT infrastructure and a culture of innovation and entrepreneurship. The benefits which are enumerated in clause 3.1 included infrastructure! and physical benefits such as additional FSI, the supply of power at industrial rates, exemption from stamp duty, reduced tax rates in certain cases, exemption from octroi/entry tax or other cess or tax levied in lieu thereof and the levy of property tax on IT-ITES units at par with residential rates. Relaxations were also granted under various enactments.