The Hindu : Karnataka News : HC issues contempt notice against State on infrastructure cess

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Friday, Dec 21, 2007
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Karnataka

Karnataka

HC issues contempt notice against State on infrastructure cess

Staff Reporter

Some people have challenged levy under
Section 3-A of the Motor Vehicle Act
Court directs issue of contempt notice against two officials

BANGALORE: The Karnataka High Court on Wednesday came down heavily on the State Government for misleading the court and also for not placing before it the correct information and ordered issue of contempt notices against the State and two officials.

Taking serious exception to the conduct of the State and its functionaries, Justice D.V. Shylendra Kumar said when courts want to examine the administrative action, the State is expected to place before it all records and facts. Such facts should not mislead the court or create a wrong impression.

He was dealing with petitions by several residents of Bangalore questioning the validity of levy imposed by the State under Section 3-A of the Motor vehicle Act for collecting funds for various infrastructure projects in the State, including the Bangalore Metro (BMRTL) and establishment of the Mukya Mantri Grameena Rasthe Abhivruddhi Nidhi.

In his order, Justice Shylendra Kumar recalled that he had asked the State and its officers to place before the court government orders, notifications and also affidavits relating to the levy of the cess.

He said the court had on an earlier occasion dismissed such a levy. However, the petitioners had not brought this to the notice of the court. Even when the petition was pending, the State had increased the cess from 5 per cent to 10 per cent.

He said neither the Government orders relied upon by the Government to back its claim that it had considered all aspects before levying the cess nor the affidavits filed by two officials of the department concerned had provided adequate information. “If either the affidavit is not providing the correct information, or Government orders placed before court does not indicate the true reflection of its intentions, there is obviously something radically wrong with the Government”.

He said the placing of a Government order and claiming that it is the one on which the Government had levied the cess is a clear case of misleading the court, particularly when it is engaged in unravelling the issue. An affidavit containing incorrect facts or information, while amounting to perjury, is a serious matter which no court can afford to overlook.

He directed issue of contempt notice against the State and two officials who had signed the affidavits and adjourned further hearing on the case.

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