Chandigarh, November 19
The way for the abolition of octroi in Punjab was paved today after a Division Bench of the Punjab and Haryana High Court today vacated the interim orders restraining the state and other respondents from taking steps in the direction.

In a ruling, the Bench, comprising Mr Justice Jawahar Lal Gupta and Mr Justice Ashutosh Mohunta, also fixed December 3 as the next date of hearing in the case. The Judges also directed that a copy of any orders, passed by the government, should be produced in the court on the next date of hearing.

Seeking a vacation of the interim orders, Punjab’s Advocate-General had earlier stated that the apprehensions being expressed by the petitioners were “unfounded” and the petitions filed in this regard were premature. He had added that the petitions were not maintainable and as such could not be entertained before the actual issuance of the proclamation.

Claiming that the power to impose tax was with the legislature, the AG had added that courts could not issue a mandate to a legislature to enact a particular law. Referring to a judgement delivered by nine Supreme Court Judges, he had submitted that it would be wholly impermissible either to interdict the issuance of the proclamation or its operation till a final verdict on its validity was pronounced.

He had added that in case a decision was taken by the Cabinet regarding the abolition of octroi, the provisions of the Constitution would be taken into consideration. Counsel for the petitioners, on the other hand, had argued that the petitions could be kept pending, till the state takes a decision on the matter.

The High Court had earlier directed the state of Punjab and other respondents against taking any step to abolish octroi. Challenging the alleged decision, the petitioners had contended that the same was violative of the mandatory provisions of Article 243-W of the Constitution, besides the directions issued by the High Court on September 12 in this regard.