ATUL VINAYAK GAIKWAD Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Atul Vinayak Gaikwad
STATE OF MAHARASHTRA
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(1.) On 13th March, 2020, Writ Petition (L) No.4624 of 2020 was moved before this Court by the two Petitioners residing in the Pune Cantonment Board, seeking the
following reliefs :
"(a) That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction thereby directing the Respondent No.1 herein to release to the Respondent No.3 the amount of compensation payable under the provisions of the Maharashtra Goods and Services Tax (Compensation to the Local Authorities) Act , 2017;
(b) That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction thereby directing the Respondent No.1 herein to include the name of the Respondent No.3 in the Schedule to the Maharashtra Goods and Services Tax (Compensation to the Local Authorities) Act , 2017 as prayed for by the Respondent No.3 herein (Exhibit E and F hereto) by exercising its powers under Section 9 of the Maharashtra Goods and Services Tax (Compensation to the Local Authorities) Act , 2017 in the alternative;
(c) That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction thereby directing the Respondent No.3 to forthwith start levying/imposing the Local Body Tax under the directions issued by the Respondent No.2 vide the Notification dated 4th June, 2015 issued under Section 66 read with Section 348 of the Cantonments Act, 2006, Exhibit A hereto;"
(2.) Our attention was drawn by the Advocate for the Petitioners to the letter dated 5th March, 2020 written by the Petitioner No.2 to the Chief Executive Officer,
Pune Cantonment Board, wherein he drew the attention of the Board to the problems
faced by the citizens of the cantonment area, in view of the inaction on the part of the
Pune Cantonment Board. Paragraphs 5 and 6 of the letter are relevant and
reproduced hereunder :
"5. With the outburst of the corona virus epidemics propagating throughout the world and the recent detection of corona infected citizens in Pune City and moreover, some citizens detected in Cantonment limits, it has become a very sensitive issue to take up urgent measures by Pune Cantonment Board to curb and eradicate the dreadful virus by initiating all possible preventive steps. 6. I therefore, take this opportunity to request the administration of Pune Cantonment Board to kindly accord topmost priority to deal with all the above issues/grievances in the social interest of the Cantonment citizens at large and secondly with the outbreak of the dreadful corona virus which is spreading with neck and crop in Pune City and detected in Pune Cantonment, it has become imperative for the Board to initiate all possible measures to prevent the spreading of the dreadful virus for the safeguard of the citizens at large amongst others and also to come out for the disaster management plan."
(3.) The learned Advocate for the Petitioners has also drawn our attention to the Reply received from the Chief Executive Officer, Pune dated 9 th March, 2020, wherein
the Chief Executive Officer (CEO), Pune Cantonment Board, has stated / admitted
that the issues raised by the Petitioners in the letter are sensitive and important issue;
that the Pune Cantonment Board is making its best efforts to obtain its legitimate share
of GST and once the GST share is received, the Board will be better equipped to serve
the general public at large specially within the limits of Pune Cantonments; that
although the Cantonment Board is required to provide civic amenities and to take
preventive measures when such a crisis emerge, the financial condition of the board is
worsening day by day due to non-receipt of any funds/grants from the State
Government; that though the Board is desirous of taking urgent steps/measures to
curb and eradicate the dreadful virus, there is no provision of isolation wards in the
Cantonment Hospital and the issue of inadequate funds is one of the reason for such
unpreparedness; that the Board will be better equipped to serve the general public at
large especially within the limits of Pune Cantonments.;
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