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M. S. SONAK, KAMAL KHATA
SGS Infratech Limited SGC Mall – Appellant
Versus
Union of India, through Secretary, New Delhi – Respondent
JUDGMENT :
M.S. SONAK, J.
1. Heard learned counsel for the parties.
2. The Petitioner, who operates a Shopping Mall within the jurisdiction of the Pune Cantonment Board, has instituted this Petition seeking the following substantive reliefs:
(b) Issue a writ in the nature of Certiorari thereby quashing the individual provisional bills dated 07.03.2013 issued by Respondent No. 3 u/s 99 of the Cantonment Act, 2006.
(c) Issue a writ in the nature of Certiorari thereby quashing the consequential demand notices dated 18.06.2013 issued by Respondent No. 3 u/s 100 of the Cantonment Act, 2006.
(d) Issue a writ in the nature of mandamus thereby directing the Respondent No. 2 and 3 to fix the annual ratable value for the triennial 2011-14 after hearing and deciding the objections of the petitioner.
(e) That until and unless the respondent no. 2 and 3 do not fix the annual ratable value for the triennial 2011-14 after considering the objections of the petitioner, this Hon'ble Court may be pleased to stay the individua
The court established that the right to appeal can be conditioned by statute, and such conditions do not inherently violate constitutional rights.
The right of appeal is a statutory right, and the legislature is competent to impose conditions for exercising such right.
Cantonment Boards can levy tolls despite no specific service rendered, based on their statutory duties outlined in the Cantonments Act.
The court affirmed that Section 263 of the Gujarat Municipalities Act, allowing dissolution of municipalities under specific conditions, is constitutional and compliant with Article 243U of the Const....
The court upheld that the High Court can only waive mandatory pre-deposit under extreme hardship; the Real Estate Authority retains jurisdiction for directing refunds and interest, separate from adju....
The Cantonment Board cannot levy taxes on vehicles entering its limits without legislative authorization from respective municipal laws.
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