To,

The President of India

The Chief Secretary, State of Maharashtra

The Secretary, Urban Development Department, Govt. of Maharashtra

The CEO, MIDC

The Commissioner, Navi Mumbai Municipal Corporation

 The Cess Officer (Enforcement), Navi Mumbai Municipal Corporation

Respected Sirs,

Hundreds of people are losing their jobs on account of Units closing down in MIDC, TTC (Trans Thane Creek) Industrial Area near Navi Mumbai.

TTC Industrial Area is a Notified Area created by MIDC to insulate & protect small & medium Enterprises from extraction & harassment by local bodies such as Gram Panchayat, Municipalities etc.

One of the major reason for closing of these Industrial units in TTC is due to Illegal & unconstitutional inclusion of MIDC area (despite being “Notified Area”) under the Municipal limit of Navi Mumbai Municipal Corporation resulting into unlawful collection of Taxes (Cess & Property tax) by NMMC.

Background

TTC Industrial area, MIDC near Navi Mumbai was developed by the State of Maharashtra & having a status of Notified area.

The said MIDC area has number of Small & Medium Scale Industries providing employment to thousands of people in Mumbai & Navi Mumbai area.

It is sad to note that many of the Small & Medium Companies in this area are closing down or shifting their base to other states mainly on account of Illegal & unconstitutional actions of Navi Mumbai Municipal Corporation.

At the hands of few less enlightened, self-centered Politicians and the bureaucrat of Navi Mumbai Municipal Corporation (NMMC) and Government of Maharashtra (GOM), the Industries in this area are getting penalized in terms of “Dual Authority” & hence “Unjustified Taxation” which is totally illegal and unconstitutional. 

· Constitution of Our Country is Supreme and National Policy is Prime!

·  Every Act and Law is made to support the Constitution and Policy and hence has to be in total consonance with the National Policy Guide Lines.

·   Frivolous interpretation of Notification by regulatory agencies to suit vested interest of the politicians should always be challenged.

· Emphasis on Industrialization in our National Policy is purely on universal good Objective of Employment, Fiscal Development, Improved life quality for the masses etc.

 · Formation of Bodies/Corporations like MIDC was specifically created to support the Industrial Development under the National Policy giving them the Special Independent Status parallel to Civic Bodies like Municipalities.

 ·With the intention to create a Conducive Industrial Climate and to insulate the Cluster of Industries from the anticipated ‘monitory extraction and harassment’ by adjoining Civic Bodies like Gram Panchayats/ Municipalities, the Status of Notified Area was awarded under the National Policy as per the provisions of our Great Constitution, to the so formed Industrial Clusters.  And this was by ACT.

 · And to support this, the Act awards the MIDC the status of ‘Virtual Development Authority’ within the Notified Area similar to that of Gram Panchayats or Municipalities in the civic jurisdiction.

 · No Notified Area can ever be included by any civic body without De-Notifying the same in a prescribed manner.  There are Policy Guide Lines to first ‘De-Notify’ the Area with sufficient substantiation and only then can the area be treated as De-notified.

 · Despite these Specific Industrial Policy Guide Lines, NMMC is trying to invade TTC, MIDC area (Notified Area) on frivolous counts only for vested monetary interest. 

 ·  There are many Supreme Court Judgments protecting such Industrial Areas from the adjoining Municipality or Gram Panchayats.

 

Although, the said matter is pending at Supreme Court, the officers of Navi Mumbai Municipal Corporation are taking Coercive Actions against the Industries threatening them & sending Bank/Property Attachment Notices which is illegal & ultra vires to the constitution of India.

 This must be stopped immediately.

 This petition is filled with a hope that Justice still prevails in our country!!