[COVID Lockdown] Take appropriate action against e-commerce companies for violation of "Break the Chain" orders: Bombay High Court to State

The Bombay High Court on Tuesday called for appropriate action against e-commerce retailers found violating the 'Break the Chain' order issued by the Maharashtra government amid the second wave of the COVID-19 pandemic..The Court issued the direction while hearing a plea seeking waiver of property tax, renewal fees and license fees which are payable by retailers in the State of Maharashtra for the entire period of lockdown starting from March 2020.The plea filed by Federation of Retail Traders Welfare Association also prayed for steps to be taken against the e-commerce industry for violation of directions of the "Break the Chain" order..The Federation stated that as per the order, all shops except essential service providers were directed to remain closed, and that e-commerce service providers were permitted to only provide essential services.However, the e-commerce industry was selling all kinds of goods and did not restrict themselves to selling essential goods, the petitioner association contended.It was also their case, that this violation was brought to the State's notice, yet no action was taken till date to stop this ongoing violation..The Bench of Justices RD Dhanuka and Madhav J Jamdar directed the State to investigate and verify the particulars put forth by the petitioners. If found to be true, the authorities were directed to take appropriate action and impose penalties against the e-commerce companies found to be violating the order. .The Court was informed by Advocate Jamshed Mistry, appearing for the petitioner association, that while a package was announced for the Street Hawkers Association, there was nothing announced for retailers yet.Mistry also stated that complaints raised by the petitioner association against e-commerce retailers were unanswered by the State.The Brihanmumbai Municipal Corporation (BMC) submitted that the proposal for cancellation of licenses was submitted to its legal departments, but a reply was awaited to the same..The Court directed the State to respond to the plea, more specifically on the aspect of a package to be announced for the retailers in the State.The BMC was directed to indicate the steps it will take with respect to waiver of licenses and other reliefs sought by the petitioners..The petitioner association had also prayed that no steps be taken for recovery/collection of taxes which are imposed under the Mumbai Municipal Corporation Act and the Maharashtra Municipal Council Act.It sought provisions by the State to ensure that retailers can cover the losses suffered for the entire period of lockdown from March 23, 2020 till the lockdown continues.In the alternative, the petitioner association has also sought a waiver of taxes which are imposed upon the retail sector under the two Acts, for the period of lockdown..[BREAKING] Plea filed before Bombay High Court seeking waiver of property tax, renewal fees, license fees payable by retailers during lockdown.[Read Order]

[COVID Lockdown] Take appropriate action against e-commerce companies for violation of "Break the Chain" orders: Bombay High Court to State

Neha Joshi

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