NAVI MUMBAI Vs. STATE GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) NONE appeared for the Petitioner. We have heard the learned AGP for the First Respondent and the learned counsel appearing for the Second Respondent. As none appeared for the Petitioner, the learned AGP and the learned counsel appearing for the Second Respondent, apart from canvassing the case of their respective clients, have assisted the Court.

(2.) THE Second Respondent is the City and Industrial Development Corporation of Maharashtra Limited (for short "the CIDCO"). In the decade of 19601970,the State Government decided to establish a satellite city of Navi Mumbai with the object of reducing congestion in the city of Mumbai. By exercising power under Subsection (3A) of Section 113 of the Maharashtra and Regional Town Planning Act, 1966 ( for short "the MRTP Act"), the CIDCO was appointed as an Agent of the State Government and consequently, as the New Town Development Authority for the area constituting the city of Navi Mumbai.

(3.) LARGE tracts of lands were acquired by the State Government for setting up the twin city of Navi Mumbai and the same were placed at the disposal of the CIDCO. The CIDCO granted leases in respect of the various plots of lands in the city of Navi Mumbai by exercising powers under the Navi Mumbai Disposal of Lands Regulations, 1975 ( for short "the said Regulations"). On 19th June 1999, the State Government issued a Government Resolution. The said Government Resolution was issued by the Revenue and Forest Department of the State Government. The said Government Resolution refers to an earlier order dated 28th September 1995 under which a direction was issued to levy nonagricultural assessment on the lands held by the CIDCO. The Government Resolution dated 19th June 1999 which is impugned in this Public Interest Litigation records that as the CIDCO was acting as an Agent of the State Government, it cannot be said that the CIDCO is the occupant of the lands held by it. The said impugned Government Resolution, however, records that the lands which have been transferred by the CIDCO either by the transfer of Occupancy Rights or by way of executing lease are subject to payment of nonagricultural assessment.