SANJAY K. AGRAWAL, ARVIND SINGH CHANDEL
Shankar Lal Verma S/o Late Bukhan Lal Verma – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The effect of not laying the impugned amendment in the Rules relating to assessment and imposition of premium for diversion under Section 172 read with Section 59 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code’) before the State Legislative Assembly in contravention of the laying clause contained in Sub-Section (4) of Section 258 of the Code, is the issue involved in this writ petition.
2. The aforesaid question arises in the following factual backdrop.
3. The erstwhile State of Madhya Pradesh enacted rules regarding alteration of assessment and imposition of premium for diversion under Section 172 read with Section 59 of the Madhya Pradesh Land Revenue Code, 1959 for diversion from a non-agricultural purpose to an agricultural purpose in non-urban and urban areas and diversion from an agricultural purpose to a non-agricultural purpose, by notification dated 6-1-1960 which was in vogue till the impugned notification issued on 4-2-2020, whereby the State of Chhattisgarh notified amendment in the notification dated 6-1-1960 exercising power and jurisdiction under Section 258(1) read with Section 59 of the Code making revision of rates in diversion of change
Hukam Chand vs. Union of India
Jan Mohammad Noor Mohamad Bagban vs. State of Gujarat and Another
Krishna Kumar Singh and Another vs. State of Bihar and Others
M/s. Atlas Cycle Industries Ltd. and Others vs. State of Haryana
The court affirmed that MIPs can be validly issued under the FTDR Act, with the requirement of laying the notifications before Parliament being directory, not mandatory.
The Governor does not act in discretion for framing rules under the Fifth Schedule; such rules are valid and within constitutional compliance.
Point of Law : Entire tax for the period in question was paid by the petitioner as levied by the authority and the same is disputed by the Municipality, it is for the authority to find out as to whet....
Point of Law : MMDR Act, 1957, though takes away power of State to make laws under Entry 23 of List II, by S.15 of MMDR Act, power to regulate quarry leases, mining leases or other mineral concession....
The exercise of powers under Section 168A of the GST laws by the Government is contingent upon recommendations from the GST Council, and acting without such recommendations is ultra vires.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.