BOMBAY ENVIRONMENTAL ACTION GROUP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these three Petitions under Article 226 of the Constitution of India can be disposed of by this common Judgment as they involve common questions.

(2.) WRIT Petition No.2773 of 1997 and Writ Petition No.3041 of 1997 are filed by the same Environment Group from Bombay as public interest litigation. The prayer in W.P.No.2773 of 1997 is for declaring Notifications dated 26.11.96 and 25.11.97 issued by the Government of Maharashtra as void and illegal. W.P.No.3041 of 1997 is for setting aside the Letter of Intent dated 7th January, 1997 issued by the State Government in favour of Sahara India Housing Ltd. (hereafter referred to as Sahara) and to restrain Sahara from carrying out any development on that basis. W.P.No.2247 of 1997 is also filed as a public interest litigation by an Association from Pune. The prayer made is to declare the Government Notification dated 26.11.96 as null and void. There is also intervention made on behalf of 36 tribals praying for getting back their lands alleged to be presently in possession of Sahara. There is also intervention on behalf of three Sarpanchas of the concerned villages supporting the State Government and Sahara.

(3.) ON 24.7.1991, Government of India, Ministry of Industries, issued Policy Statement. It recognised Tourism as one of the industries for automatic approval for foreign technological arrangements, etc. This was clarified on 25.11.91 to include beach resorts and tourism complexes. The Central Government finally issued its Policy resolution on 27.6.1997 describing tourism as industry. The Government of Maharashtra also in the meanwhile in 1993 published its Tourism Policy declared Tourism as industry. Under the said policy, areas were divided into (1) Central sponsored and (2) State sponsored special tourism. State sponsored tourism areas included Mulshi Taluka. The 8 villages with which these Petitions concern fall in this Taluka. The State Government also passed a resolution dated 30.10.93 declaring "the Package Scheme of Incentives for Tourism 1993". It provided for exemption from payment of Sales Tax, octroi, Luxury Tax, etc.