I T C BHADRACHALAM PAPERBOARDS Vs. MANDAL REVENUE OFFICER A P
LAWS(SC)-1996-9-180
SUPREME COURT OF INDIA
Decided on September 09,1996

I T C Bhadrachalam Paperboards Appellant
VERSUS
MANDAL REVENUE OFFICER A P Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The A. P. Non-Agricultural Lands Assessment Act, 1963 (14 of 1963 (the Act) levies non-agricultural land assessment (NALA) for each fasli year at the rates specified. The rate varies depending upon the nature of user. Section 3 is the charging section. Section 7 of the Act provides for remission of NALA. It reads: "7.Remission.-the government may, by general or special order and for just and sufficient reason to be recorded therein, remit in whole or in part, the assessment payable under this Act in respect of any non-agricultural land in a local area. "
(3.) Section 11 confers upon the government the power to exempt any class of non-agricultural lands from the levy. Since it is this section which falls for consideration in this appeal, it would be appropriate to set it out in full: "11.Power to exempt.- (1 The government may, by order, published in the A. P. Gazette, setting out the grounds therein, exempt either permanently or for a specified period, any class of non-agricultural lands from the levy of assessment under this Act, subject to such restrictions and conditions as the government may consider necessary to impose. (2 Every order made under Ss. (1 shall, immediately after it is made be laid on the table of the Legislative Assembly if it is in session, and if it is not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following, the Assembly agrees in making any modification in the order or in the annulment of the order, the order shall thereafter have effect only in such modified form, or shall stand annulled, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. ";


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