JABALPUR DIVISION bench of Madhya Pradesh High Court comprising Chief Justice A K Patnaik and Justice K K Lahoti has directed that notices be issued to respondents First Additional District Judge at Bhopal, Bal Niketan Nyas on Hamidia Road at Bhopal through its chairman and Bhopal resident Kailash Agrawal in response to private petition filed by Indore resident Satya Pal Anand, the owner of Anand Automobiles who is also a tenant of Nyas in State capital.
In the writ petition, the petitioner has challenged the Government notification dated September 7, 1989 under sub section 2 of Section 3 of MP Accommodation Control Act, 1961 on the ground that it has granted general exemption to Wakfs registered under Wakf Act and public trusts registered under MP Public Trust Act 1951 from all the provisions of 1961 law.
Where as under the sub section, the income derived from the rent that is used only for the institutions can be exempted. Moreover, the government notification has not made it mandatory that the income derived from rent, which is entitled for exemption should be used solely for the trusts. Above all, Section 3 has vested no power in government to issue such a notification, petition said.
The petitioner contested that government is not empowered to grant general exemption under 1961 Act. Rather, the State should decide case for exemption individually based on an institution’s worth.
The petitioner contested that government is not empowered to grant general exemption under 1961 Act. Rather, the State should decide case for exemption individually based on an institution’s worth.