BHARAT STEEL TUBES LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) This letters patent appeal arises out of the order of the learned Single Judge by which the writ petition filed on behalf of the appellants M/s Bharat Steel Tubes, Ltd. Ganaur, challenging the notification issued by the Government of Haryana, under Section 4(3) of the Haryana Municipal Act, 1973, extending the limits of the notified Area Committee, Ganaur, and including the factory of the appellant company therein was dismissed.

(2.) On 14th November, 1977, the Government of Haryana issued a notification under the provision of sub-section (1) of Section 4 of the Haryana Municipal Act, 1973 (hereinafter referred to as the Act), declaring its intention to include within the Notified Area Committee, Ganaur, the Area of the petitioner's company, besides other area, and invited objections of the inhabitants to the proposed alternations in the boundary. The petitioner company submitted its objections vide 'Annexure P-4' dated 2nd of January, 1978 and also claimed a hearing besides and opportunity to adduce evidence in support of their submissions. The State government after considering their objections, issued notification dated 2nd February, 1978, Annexure P-5, by which the area proposed to be included was included in the Notified Area Committee, Ganaur.

(3.) The notification was challenged in the writ petition inter alia on the ground that neither the company was afforded any opportunity of personal hearing nor the objections were duly considered. In parts 16 to 19 of the writ petition, it was also averred that the petitioner-company was suffering heavy losses; that the estimated amount of octroi that the company will have to pay during the year 1977-78 will come to Rs. 11,41,874; that the burden of the octroi will be unbearable and may result in the stoppage of the industrial activity of the company resulting in heavy loss to the company as well as to the Haryana Exchequer besides loss of employment to more than 1200 persons in Haryana.