Legal effect of state govt policies whether nil without notification?
Anil Kr Garg
(Querist) 18 July 2015
This query is : Resolved
MP Govt has issued TOURISM POLICY in 2010, like so many other policies, and have been amending it from time to time as well. This policy is conspicuously displayed on Tourism Deptt website as well.
Yet, their own Revenue Deptt does not want to be bound by this policy (for assessment of land revenue under Land Revenue code, for diversion of land for tourism projects, clearly spelt out in the Tourism Policy). They say it is not binding on them.
Tourism Deptt does not respond in writing to my letters, but verbally they say that Govt has not got consensus among all deptt incl Revenue to implement this policy which has not been notified yet.
I am surprised. How could a policy so publicised, frequently amended, could be USELESS AND UN-BINDING without notification for the officers of their own Govt.
Pls advise whether legally, it is necessary for the policy to be notified or we can move court to enforce the policy on Revenue Deptt for assessment of land revenue?
(Revenue is assessing revenue for hotel purpose as COMMERCIAL whereas Policy says that it should be assessed as RESIDENTIAL use. Land Revenue Code of MP does not define RESIDENTIAL, INDUSTRIAL OR COMMERCIAL. Chattisgarh rules under the same Code however, define Tourism Projects to be included in Industrial Use).
P. Venu
(Expert) 21 July 2015
Such executive policies cannot have effect unless and until the Laws are amended/enacted accordingly.
Anil Kr Garg
(Querist) 21 July 2015
LRC has empowered state govt to make rules. Using these powers, it decides how much tax to be assessed u/s 59 of LRC. Same state govt issues TOURISM POLICY stating that Hotel shall be granted industry status, and will be assessed as RESIDENTIAL USE. They why should it not be binding on the revenue deptt which is enforcing other decisions of state govt incl periodic revision in the rates and so on?
