jheel sarkashan fee
bhushan singh charan
(Querist) 25 April 2011
This query is : Resolved
whether without publication of notification in official gazztan leavy fee for conservation of lakes? pls refer judgment in support of answer
Kiran Kumar
(Expert) 25 April 2011
every tax or fee imposed is notified by the government in the official gazette....
there is no need for judgment on this issue...its a matter of collection of tax and effects the finance of the state.
you can seek information from the finance ministry, in this regard, under the Right to Information Act.
Raj Kumar Makkad
(Expert) 25 April 2011
Generally such tax is not levied at least on the activity of saving such damage being faced by humanity.
Kirti Kar Tripathi
(Expert) 26 April 2011
Article 265 of Constitution of India specifically provides that No tax shall be levied or collected without the Authority of law. Thus any fee or tax levied by the State can not be enforced unless State has authority under the Act to collect. for this purpose, the state has to issue notification under the provisions of the specific Act. in absence of such notification leviy of tax or fee is illegal
Guest
(Expert) 27 April 2011
Dear Bhushan Singh,
Probably you have mentioned half of the question just to get the reply to your own liking. You have not mentioned, which authority has imposed the jheel sansarakshan fee?
In fact this is a matter that falls within the jurisdiction of the local municipality. Maintenance of the lake would lie on the municipality and which is the source from where the funds would come? It is not the constitutional law question under which category you have posted the question. Ministry of Finance of the Central Government is not going to levy fee or tax on behalf of the municipal committees/ corporations to notify the levy of fee in the official gazzette.
Do you want that the water of the jheel should stink and spread the diseases amongst the residents and their children, if the jheel is not maintained properly by the municipality in the wait of passing of the bill by the Prliament of India and then circulating the order to implement that order to recover the maintenance fee from the residents in the next year's house/property tax bills, which often mst of the people don't pay?
If the municipality has already passed the resolution with majority vote of the peoples representatives (members of the municipality), the fee would become liable to be paid by the residents.
bhushan singh charan
(Querist) 27 April 2011
respecred sirs, THANKU FOR ANSWER TO MY QUARRY but kindly support ur answer with case law. again irequest whether fee for lakeconservationcan be demanded by municipulitywithout publication of offical notification? can requirment of notification over ruled in intrest of public at large if so kindly answer with case law?
Guest
(Expert) 02 May 2011
The question of case laws arise, where conflicting interpretation of different laws or sections of law arise. Case laws do not arise on every trivial doubts. Tomorrow you will raise issue that the birth certificate of your son or grand son should have been issued by the Ministry of Home Affairs of the Central Government and not the local municipality and would ask for production of case law against your plea. Should that also be done.
If you have any article of the constitution that states that the responsibility to maintain local jheels situated within a city's jurisdiction is the liability of the Central Government, you may point out that so that your query be satisfied.
If you feel that your plea is correct you can file a petition in the court to have a valid judgment in the case.
