LAWS(BOM)-2013-7-166

V. M. SALGAOCAR Vs. DY CONSERVATOR OF FORESTS

Decided On July 03, 2013
V. M. Salgaocar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) RULE . By consent heard forthwith.

(3.) THE petitioner is the holder of several mining Leases in the State of Goa. The respondent no.1 issued a letter dated 12/10/2007 to the petitioner assessing the Net Present Value (NPV) of the petitioner's Five Mining Leases to the extent of Rs. 8,06,75,000/- (Rupees Eight Crores Six Lakhs Seventy Five Thousand only). The petitioner paid the said amount on 15/10/2007. Thereafter, respondent no.1 issued Demand Notice dated 20/07/2012 calling upon the petitioner to pay interest of Rs. 81,34,553/- (Rupees Eighty One Lakhs Thirty Four Thousand Five Hundred Fifty Three only) on ground that audit scrutiny had revealed that the Ministry of Environment and Forests issued letter dated 16/11/2005 and the petitioners had paid the NPV in October,2007 and as such on account of delay the petitioner was liable to pay interest of Rs.81,34,553/- (Rupees Eighty One Lakhs Thirty Four Thousand Five Hundred Fifty Three only). Since, the petitioner did not pay the said amount, respondent no.1 issued reminder dated 28/11/2012 to the petitioner demanding the said amount. Thereafter, the petitioner addressed a letter to respondent no.2 alleging that there is no question of charging interest and called upon respondent no.1 to revoke the Demand Notice and reminder. Since the Demand Notice was not revoked, the present petition was filed.