ssp 1 WP(L) 1853 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1853 OF 2011 M/s.HCL Infosystems Ltd. .....Petitioner versus The Municipal Corporation of Greater Mumbai and Ors. ..... Respondents Mr.Shyam Mehta, Senior Advocate i/by Mr.Abhishek Yende, for the petitioner. Mr.A.Y.Sakhare, Senior Advocate with Ms.K.R.Punjabi, for respondent Nos. 1 and 2. Ms.I.K.Calcuttawala, AGP, for respondent No.3. CORAM: P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE: 03 rd OCTOBER, 2011 P.C. 1. In response to our order dated September 21, 2011, we had asked the Corporation to point out as to what steps are likely to be taken to prevent tax evasion at sensitive octroi nakas. On behalf of the respondent-Corporation, it was pointed out that there are various cases that by way of forged receipts, the tax evasion racket is going on. The Corporation after noticing the same has initiated criminal proceedings against the erring persons involved in the same. 2. Today, an affidavit-in-reply has been filed by Mr.Subodh Kumar, Municipal Commissioner for Greater Mumbai. In the said reply, it ssp 2 WP(L) 1853 of 2011 has been pointed out that in the near future, various steps will be taken by the Corporation in order to eradicate the menace of octroi evasion. The details in respect of the various steps that the Corporation would be taking, are given in para No.3 onwards in the said reply. It is also pointed out that the Corporation has also introduced the system of E-Transfers of employees posted at the Check Nakas such as Markets, Octroi Inspectors, Supervising Inspectors and Superintendents at fixed intervals i.e. after every three months, six months, and one year respectively. It is also pointed out that the concerned staff which was in-charge when the octroi evasion took place between 01-04-2010 to 31-03-2011 and the above staff then working at the Eastern Express Highway have already been transferred. It is pointed out that modern technology will be used to avoid vehicle congestion and to create more space around the check nakas. 3. We are satisfied by the steps which the respondent- Corporation has taken in this behalf and we are sure that the Corporation will act vigorously in the matter of enforcement of the said steps which have been introduced by the Municipal Commissioner. Mr.Sakhare, learned Senior Advocate appearing for the Corporation pointed out that quick steps have been taken by introducing new policy and by taking benefit of modern technology and that in future, incidents of octroi evasion would not take place. He further pointed out that the ssp 3 WP(L) 1853 of 2011 Corporation is generating substantial income from the Octroi and therefore, all the steps have been taken to see that the Corporation may get actual amount from the various octrio nakas. 4. In view of the stand taken by the Municipal Commissioner, we are satisfied that the Corporation has now acted in the right direction and the erring persons shall be subjected to appropriate proceedings in accordance with law, so that it may give signal that one who commits wrong is not going to be spared. 5. In so far as the present petition is concerned, the petitioner has already deposited 50% of the amount in question and the Corporation has permitted clearance of future consignment on the basis of the same. The petitioner is directed to pay remaining 50% amount to the Corporation within a period of six weeks from today without fail. Such deposit of 50% amount would be without prejudice to the rights and contentions of the petitioner. After receipt of the said amount, the Corporation shall take final decision in connection with the subject matter within a period of two months from the receipt of the remaining amount from the petitioner and such decision may be taken after hearing the petitioner. 6. It is clarified that in case the petitioner fails to deposit the remaining 50% amount, the Corporation shall be free to take action as ssp 4 WP(L) 1853 of 2011 deemed fit in accordance with law. After the deposit of the remaining amount, the petitioner may file reply to the notices issued by the Corporation. It is clarified that we have not examined the issue raised by the petitioner on merits and it is for the Corporation to take appropriate decision in accordance with law. If the petitioner is aggrieved by the final decision of the Corporation, it will be open to the petitioner to adopt appropriate proceedings as deemed fit. 7. With the aforesaid observations, the writ petition is disposed of. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )