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2014 DIGILAW 1555 (PNJ)

Food Corporation of India v. Municipal Committee, Ferozepur

2014-11-14

RAJAN GUPTA

body2014
JUDGMENT Mr. Rajan Gupta, J.: - Petitioner has prayed for issuance of writ in the nature of certiorari for quashing of demand for Rs.1,35,827.30/- raised on the petitioner-Corporation by the Municipal Committee, Ferozepur vide order, Annexure P5 dated 11.10.1993. 2. Learned counsel for the petitioner contends that issue is squarely covered by judgments of this court titled as Union of India vs. Municipal Council, Batala, [2013(2) Law Herald (P&H) 1183 : 2013(2) Land L.R. 567 (P&H)] : 2013(2) RCR (Civil) 988 and decision rendered by division bench of this court in CWP No. 10953 of 2000 titled as “The Senior Superintendent of Post Offices, Jalandhar Division, Jalandhar vs. State of Punjab & anr.” According to her, in view of provisions of Article 285(1) of the Constitution of India, no service charges can be levied by Municipal Committee as regards property owned by Union of India. 3. Learned counsel appearing for respondent no. 1- Municipal Committee does not dispute the ratio of aforesaid judgments. 4. Heard. 5. It appears that Food Corporation of India occupied certain godowns constructed by Central Government in Ferozepur. These godowns are used by Food Corporation of India for storage of food grains. Central Government issued a circular whereby it observed that properties owned by Central Government are exempted from all taxes imposed by a State or by any authority withing a State under Article 285 of the Constitution. Despite the circular, Municipal Committee, Ferozepur raised a demand vide order, Annexure P5 asking the petitioner-Corporation to pay the service charges. Aggrieved, petitioner preferred instant writ petition. 6. I am of the considered view that there is merit in the plea of the petitioner-Corporation. In view of judgments in the cases of Union of India and Senior Superintendent of Post Offices (supra), demand deserves to be quashed. As the demand is in violation of Article 285 of the Constitution of India, same cannot be sustained. Under the circumstances, this writ petition is allowed. Order/Bill dated 11.10.1993, Annexure P5 is hereby quashed. ---------0.B.S.0------------ —————————