Judgement

CHANDRACHUD, J:- This is a tax dispute concerning the power of the second appellant, Kuthbullapur Gram Panchayat, to levy house-tax and Permission Fee on the respondent. The Hindustan Machine Tools Ltd., which is a Government of India Undertaking. The first appellant is the Government of Andhra Pradesh.

2. The Kuthbullapur Gram Panchayat was established in 1959. In 1964 the Andhra Pradesh State Legislature passed the Andhra Pradesh Gram Panchayats Act, 2 of 1964, which with the exception of Chapter VII of the Act, came into force on January 18, 1964. The Act applies to the Kuthbullapur Gram Panchayat within whose geographical limits the respondent has established a factory for the manufacture of special apparatus machines, presses etc. The construction of the factory began in 1964 and was completed in December 1965. The factory was constructed without the permission of the Gram Panchayat Considering the skeleton staff which mans the Panchayat and its skeleton activities, the respondent s plea that it did not obtain the Panchayat s permission because it was not aware of its existence is not implausible. But such awareness has no relevance on the respondent s liability to pa