1966 (10) TMI 166 - HC - Indian Laws

Summary

Issues Involved:
1. Validity of the Madhya Pradesh Nagariya Sthawar Sampatti Kar Adhiniyam, 1964.
2. Competence of the State Legislature to impose property tax.
3. Allegations of colorable exercise of legislative power.
4. Delegation of taxing power to municipal corporations.
5. Double taxation.
6. Violation of freedom of contract under Article 19.
7. Confiscatory nature of the tax.
8. Violation of Article 14 of the Constitution.

Detailed Analysis:

1. Validity of the Madhya Pradesh Nagariya Sthawar Sampatti Kar Adhiniyam, 1964:
The petitioners challenged the validity of the Act, arguing it is ultra vires the power of the State Legislature and unconstitutional. The Court held that the Act is valid and constitutional, dismissing the petitions. The Act was enacted to levy a tax on lands and buildings in urban areas of Madhya Pradesh.

2. Competence of the State Legislature to impose property tax:
The petitioners argued that the property tax imposed by the Act falls under Entry-82 or Entry-86 of List-I of the Seventh Schedule, which are within the exclusive competence of Parliament. The Court held that the tax imposed by the Act falls under Entry-49 of List-II of the Seventh Schedule, which is within the competence of the State Legislature. The Court referenced the Federal Court decision in Ralla Ram v. Province of East Punjab, AIR 1949 FC 81, to conclude that the tax is on lands and buildings, not on income or capital value.

3. Allegations of colorable exercise of legislative power:
The petitioners contended that the Act is a colorable exercise of power by the State Legislature, aiming to invade municipal revenue and reduce ownership of urban property. The Court rejected this contention, stating that the motives of the Legislature are irrelevant if the enactment is within its legislative competence. The Court found no encroachment on Parliament's powers or any disguised transgression of legislative authority.

4. Delegation of taxing power to municipal corporations:
The petitioners argued that the State Legislature, having delegated the power to impose tax on lands and buildings to municipal corporations under the M.P. Municipal Corporation Act, 1956, cannot now levy the tax itself. The Court held that the delegation to municipal corporations does not preclude the State Legislature from imposing a tax for general revenue. The Court emphasized that there are no words in Entry-49 suggesting that the tax is only for local government purposes.

5. Double taxation:
The petitioners claimed that the State Legislature had no authority to impose double tax under Entry-49 of List-II. The Court held that double taxation by the State and municipal bodies is permissible if both have the power to levy the tax. The Court referenced decisions from the Nagpur High Court and the Bombay High Court, which upheld the legality of double taxation in similar contexts.

6. Violation of freedom of contract under Article 19:
The petitioners challenged Section 4(4) of the Act, which prohibits the owner from passing the tax burden to the tenant, arguing it violates the freedom of contract guaranteed by Article 19. The Court did not consider this contention due to the suspension of Article 19 protections by the declaration of Emergency under Article 352.

7. Confiscatory nature of the tax:
The petitioners argued that the property tax is confiscatory and repugnant to Article 19. The Court stated that it could not examine this contention due to the suspension of Article 19 protections and the lack of material evidence provided by the petitioners to show the confiscatory nature of the tax.

8. Violation of Article 14 of the Constitution:
The petitioners contended that the Act offends Article 14 by imposing an unequal burden on citizens. The Court rejected this plea, stating that urban and rural properties are distinct classes, and imposing a tax on urban property does not constitute discrimination. The petitioners did not provide material evidence to show unequal burden, leading the Court to decline expressing an opinion on this point.

Conclusion:
The Madhya Pradesh Nagariya Sthawar Sampatti Kar Adhiniyam, 1964, was held to be valid and constitutional. The petitions challenging the Act were dismissed with costs awarded to the respondent-State.