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Validity of Goa Cess Act upheld by Bombay HC

Last Updated on January 23, 2024 by News Desk

Issue:- A plea was filed by 8 companies including TATA Metaliks and JK Cement which were involved in the transportation of the iron as well as coal in Goa. These companies had challenged the constitutional validity of the Goa Cess Act.

Arguments:- The petitioners claimed that the act had placed restrictions on the free trade, and movement of the goods in the state.

Analysis:- The Division Bench comprised of Justices GS Kulkarni and BP Deshpande applauded the Goa Cess Act as well as the state govt of Goa for its action as it has helped in creating infrastructure for curbing the pollution caused by polluting materials.

The court said that the effort to create the act in 2000 was credible.

The court thought that the preservation of natural resources and the environment and their prevention from any kind of damage is a sensitive issue.

The court emphasized that the transportation of dust particles is a common issue in most of the big cities today.

The court added that the motive of the act was to provide additional sources for the improvement of the infrastructure and health to promote the welfare of the people.

Conclusion:- The Bombay HC has upheld the constitutional validity of the Goa Cess Act. The court was of the view that the act dealt with the welfare of the society.

Case Title:- Sesa Sterlite Ltd. v. State of Goa and connected petitions

Written By:– Shianjany Pradhan (@SHIANJANYPRADHAN)

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