JUDGMENT

R.V. Raveendran, J.

1. Under Lease Deed dated 3.1.1995, Pimpri-Chinchwad New Town Development Authority (6th Respondent herein - for short 'the Development Authority') granted a lease of land measuring 164.5 acres in Sectors No. 15 and 15A in Village Chikhali, Taluka Haveli, District Pune, converted to industrial use, to the Appellant herein for a term of 99 years commencing from 21.11.1994. The consideration for the lease was a premium of Rs. 17,91,40,500/- (at the rate of Rs. 25/- per sq.ft.) paid by the Appellant apart from a yearly rent of rupee one. The Appellant utilized the said plot and adjoining plot obtained on lease from Maharashtra Industrial Development Corporation (for short 'MIDC') for construction of its factory. The Appellant commenced construction of its plant in or about the year 1997 and on completion, commenced actual use for industrial purpose, in the year 1999.

2. The Appellant was served with a demand notice dated 26.2.2002 by the Gar Kamgar Talathi, Chikhali, demanding payment of Rs. 45,25,538/- as non-agricultural cess and additional non-agriculture cess, for the period 1995-96 to 2001-02. As the said payment was not made, default notices dated 1.3.2