Civil Appeal Format

Sample / Free Template / Form/ Example of Company’s Civil Appeal/Case in Supreme Court India against Government in word/ .doc


1      The Industrial Policy resolution of 1980 framed by the State of Maharashtra prescribed a package of incentives.

2      The petitioner approached the Govt of Maharashtra for setting up a Plywood Board unit.

3      On 20.04.2003 it was decided to make available 300000 MT of hardwood per annum to the company from exploitation of plantation in Khapoli Area and the decision was communicated to the company vide Maharashtra Govt’s letters dated 20.10.2003 (copy of letter enclosed marked Annexure-A) and 11.11.2003 (copy of letter enclosed marked Annexure-B).

4      On 16th May, 2006 the State of Maharashtra granted licence to utilize usufruct over an area of 150000.00 hectors of Bamboo plantation for a period of 20 years (copy of letter enclosed marked Annexure-C).

5      The terms of licence inter alia provides:
i)              The company shall have option to renew the licence for a further period on terms and conditions to be mutually decided.
ii)             The rate of royalty of one metric ton of hardwood was fixed at Rs. ------ with an annual increase of 6 %.

6      The company established and commissioned its Plywood unit and made huge investment.


7      The company was allotted 100000.00 hectors of land as against licensed area of 150000 hectors as promised in the licence.

8      The allotted area failed to yield 300000 MT of hardwood per annum.

9      The company carried out replantation till 2007-2008 and in the process replanted 12000 acres / 6000 hectares of allotted area, which was disallowed by the State of Maharashtra after 2009.

10   However the company was allotted 100 hectares in Dolvi R.F. Block on 20.08.2006.

11   The company started its pilot operation and continued till 2008-09. However the 2nd yield from the same plantation was not allowed to be harvested.

12   The terms of licence was purported to be altered on 27.04.2009 by enhancing the rate of royalty and changing the weighment norm (copy of letter enclosed marked Annexure-D).

13   The company made several representations requesting withdrawal of letter dtd.15.05.2009. Thereafter a committee was formed to review the matter (copy of letter enclosed marked Annexure-E).

14   The company was compelled to pay the enhanced rate of royalty.

15   On 16.01.2013 the Govt. of Maharashtra issued a letter withdrawing the purported enhancement of rate of royalty and change in weighment norm and it was maintained that the difference in royalty already paid would be adjusted against future demand and it was complied with during 2008 to 2012 (copy of letter enclosed marked Annexure-F).

16   Vide letter dtd.02.09.2013 the Govt. of Maharashtra expressed its intention to implement the purported alteration with retrospective effect and arrear royalty would be collected (copy of letter enclosed marked Annexure-G).

17   The company stopped harvesting and filed a writ petition in the Hon’ble High Court of Maharashtra. The Writ was allowed and the letter dtd.02.09.2013 was quashed on 16.05.2015 (copy of order enclosed marked Annexure-H-I).

18   The Govt. filed a special leave petition in 2016 in the Hon’ble Supreme Court.

19   On 19.01.2018 in a high level meeting of the Govt. it was decided that the Company could be permitted to harvest plantation on payment of arrear Royalty of Rs.1540 lacs and for current supplies enhanced rate should be payable. If the decision went in favour of the Company, then the amount so paid would be adjusted against future royalty. Although the company agreed to the various decisions taken on January 2013, the decisions were never implemented by the Government (copy of order enclosed marked Annexure-H-II).

20   The Company become sick and was referred to the BIFR. Several reliefs were also granted by the Central Government.

21   On 18th August, 2020 in a high level meeting of the Maharashtra Govt., it was decided that the Company would be allowed to harvest plantation @ 25% of the prevailing revised rate of royalty and as per prevailing weighment norms pending decision in Civil Appeal No.548785  of 2006 (copy of order enclosed marked Annexure-H-III).

22   On 11.11.23 the Hon’ble Supreme Court dismissed the appeal and directed the Maharashtra Government to implement the judgement of the Hon’ble High Court at Maharashtra dtd.16.05.15. The last date of compliance with the judgement and order of Hon’ble Supreme Court was 10.03.24 (copy of letter enclosed marked Annexure-I).

23   On 09.03.24 the Government of Maharashtra wrote a letter demanding a sum of Rs.---------------- being the net sum after adjustment of refund of Rs. ---------------.(break up enclosed marked Annexure-J, Page - 8). The Company denied the claim made by the Government of Maharashtra vide its letter dtd.31.03.24 and urged on implementation of the judgement and order dtd.11.11.23 of the Hon’ble Supreme Court, judgement and order dtd.16.05.15 of the Hon’ble High Court at Maharashtra and licence dtd.16.05.06.


24   In terms of the various orders, directions and judgement passed by the Hon’ble Supreme Court of India the Company is entitled to the following sums, the which the Company has claimed vide its letter No. Rocekt/2003/1254 dtd.31.03.24 (copy enclosed marked Annexure-J).

i)              A sum of Rs. ----------- on account of excess royalty paid on supply of hardwood from the Khapoli Area.

ii)             A sum of Rs. ------------- on account of excess royalty paid on supply of hardwood from Dolvi Area.

iii)            A sum of Rs.----------- on account of interest on excess royalty paid on supply of hardwood from Khapoli Area.

iv)           A sum of Rs. ---------- on account of interest on excess royalty paid on supply of hardwood from Dolvi area.

v)            A sum of Rs. ------- being the additional cost incurred for hardwood consumed and purchased by the Company from the open market during the period 2009-10 to 2020-23 on account of short supply / non-supply of hardwood by the Government of Maharashtra.

vi)           A sum of Rs. ----------------- for the losses suffered by the Company due to shortfall / non-supply of ------------- MT of hardwood during the period 2006-07 to 2022-23 as committed by the Govt. of Maharashtra.

vii)          As an alternative to para (vi) above, to supply --------- MT of hardwood being the quantity short-supplied during the period 2007-09 to 2020-23 at the royalty rates, weighment norms and the period.

viii)         Supply of ------- MT of hardwood for each year for the remaining years, namely, 2023-24, 2024-25 and 2025-26 as per the royalty rates, weighment norms and the period.


Company filed further Writ Petition No.52455 in the year 2026. A copy of the prayer is enclosed marked Annexure-L).


Post a Comment