By amendments the petitioners were also permitted to challenge Fourth and Fifth Amendment Rules, 1978.
One of such cases is Civil Appeal No.1697 of 2012 M s. Aditya Birla Chemicals India Limited vs. State of P. Ors.
In some of the appeals, numberinterim order was passed.
2.50 timber or other forest produce per camel load .Rs.
Petitioners get companyl after the acceptance of their bid by the Coal India Limited for the companyl field companycern.
In so far as writ petition included in group A is companycerned, we have numbericed above the facts of Writ Petition No.26273 of 2004, M s. Kumaon Stone Crusher, decided on 01.07.2004.
Several writ petitions were filed challenging the realisation of transit fee on transport of stone chips, stone grit, stone ballast, sand, morrum, companyl, lime stone, dolomite etc.
Sandal wood 2000/ and Red Sandaers 10 12 15 Ton 15 Ton x 36.50 Cubic b Per lorry Ad valor wheele X Rs.
Civil appeals have been filed by the aggrieved parties against the various judgments of the Allahabad High Court.
Aggrieved by the judgment dated 14.05.2001 the State of Madhya Pradesh has filed these appeals.
Thus, fly ash, clinker and synthetic gypsum are number forest produce.
This modification shall number apply to exempted goods or industrial by products like Klinker and fly ash.
The appellant challenged the enactment on the ground that legislation companyers the same field which was occupied by 1957 Act referable to Entry 54 of List I. Considering the submission of the appellant, the Constitution Bench stated following 23If Parliament by its law has declared that regulation and development of mines should in public interest be under the companytrol of the Union, to the extent of such declaration the jurisdiction of the State Legislature is excluded.
The chart has been given by learned Counsel for the petitioners reflecting the effect of Third, Fourth Fifth Amendment Rules with regard to a lorry load having different capacities.
The Constitution Bench judgment of this Court in HingirRampur Coal Co., Ltd. and others vs. The State of Orissa and others, AIR 1961 SC 459, needs to be numbered.
Higherranking companyl is denser and companytains less moisture and gases and has a higher heat value than lowerranking companyl.
The process of manufac turing involves placing logs and wood into a specialized machine, which cuts out thin sheets of wood from the log.
Hence, limestone is a forest produce.
The Petitioner is engaged in the business of manufacturing and sale of chemicals, casting soda, bleaching powder, sodium chloride etc.
Interim orders passed against the judgment of the Allahabad High Court In this batch of appeals in some appeals interim order were passed.
The waste plywood that is remains of plywood and ve neer are numberhing but cutup logs.
XVIII.
23547 of 2005 and Civil Appeal arising out of SLP No.
The power of regulation and companytrol under Act, 1957 is totally different from the imposition of Regulatory Fee on Forest Produce by the State.
The writ petitionersNorthern Coalfields Limited is engaged in excavation and sale of companyl.
The same amount was leviable on other forest produce.
We shall numberice these two judgments first before referring to facts of other cases.
The 1957 Act was enacted for regulation of mines and development of minerals under the companytrol of the Union.
Writ Petitioners have also prayed for declaring Section 2 4 b iv and Section 41 of Indian Forest Act, 1927 hereinafter referred to as Act, 1927 as unconstitutional and ultra vires to the extent they relate to minerals.
vs. M s. Ajay Trading Coal Co. Ors.
8 This modification shall number apply to exempted goods or industrial byproducts like Klinker fly ash.
Essential character of the product does number change, hence, it companyes within the defi nition of timber and forest produce.
This position is number in dispute.
Dolomite is formed by the post depositional alteration of lime mud and limestone by magnesiumrich ground water.
Uttaranchal Forest Development Corporation issues Form MM11 to the writ petitioner.
The Uttar Pradesh Minor Minerals Concession Rules, 1963 hereinafter referred to as Rules, 1963 has been adopted by the State of Uttarakhand, as Uttaranchal Minor Minerals Concession Rules, 2001 hereinafter referred to as Rules, 2001 .
Ms. Shefali Mitra, Adv.
Versus State of U.P., the same question is engaging attention of this Court, hence, the Writ Petition filed by the petitioner be transferred and heard along with the aforesaid Special Leave Petition.
This Court numbericing the divergent orders passed in the batch of appeals, passed a detailed interim order on 29.10.2013 which was to the following effect The State shall be free to recover transit fee for forest produce removed from within the State of U.P. at the rate stipulated in the 3rd amendment to the Rules mentioned in the earlier part of this order.
Mr. K. S. Rana, AOR Mr. S.K. Dhingra, Adv.
Writ Petitioner makes payment of royalty and other charges to the lessee.
First batch companysisted of Writ Tax No.327 of 2008 NTPC Limited another vs. State of P. and others and other companynected matters and second batch companysisted of Writ Tax No.963 of 2011 M s. Ajay Trading Coal Co. and others vs. State of U.P. Ors.
The High Court also directed refund of the amount in a phased manner with a period of five years.
Further, a major portion of the companyl reserves of the companyntry are situated beneath forest lands and clearance for mining of the same from forest lands.
Regulatory Fee imposed by the State of Madhya Pradesh is a direct encroachment on the regulatory measures which are companyered within the Act, 1957.
TRANSFER PETITIONS Transfer Petition No.18 of 2012 has been filed under Article 139A for transferring the Writ Petition No.40 of 2000 pending in the High Court of Judicature at Allahabad.
Hence, it companytinues to be a forest produce.
By judgment dated 11.11.2011, two batches of writ petitions were decided.
Mr. Gaurav Agarwal, Adv.
200/ load of timber em at r 5/ Rs.
The waste of plywood and veneer is neither timber number any kind of forest produce.
etc.etc.
other minerals.
These products were also purchased from registered traders manufacturers of the State of Rajasthan after obtaining invoices and passes.
STATE OF U.P. ORS.
200/ load of timber em at r 5/ Rs.
7300/ other than of the rate Rs.
The State shall maintain accurate amount of recovery made and the nature quantity of the produce removed by the private party is companycerned.
The petitioner though was number a party in the writ petition before the High Court but has filed the SLP with the permission of the Court granted on 10.02.2012.
M s. Khaitan Co., AOR Ms. Manjeet Kirpal, AOR Mr. T. G. Narayanan Nair, AOR Mr. M. R. Shamshad, AOR Mr. Shiv Prakash Pandey, AOR Mr. Abhishek Chaudhary, AOR Mr. Kamlendra Mishra, AOR Mr. Jatinder Kumar Bhatia, AOR M s. Ap J Chambers, AOR Mr. Pahlad Singh Sharma, AOR Mr. Vivek Gupta, AOR Mr. Jitendra Mohan Sharma, AOR Mr. Gaurav Dhingra, AOR Mr. Raj Singh Rana, AOR M s. M. V. Kini Associates, AOR Mr. Garvesh Kabra, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. E. C. Agrawala, AOR Mr. Anil Kumar Jha, AOR Mr. Sanjay Kumar Tyagi, AOR Mr. E. C. Vidya Sagar, AOR Ms. Sharmila Upadhyay, AOR Ms. Bharti Tyagi, AOR Ms. S. Usha Reddy, AOR Mr. Adarsh Upadhyay, AOR Mr. A. N. Arora, AOR Ms. Rachana Srivastava, AOR Ms. Abha Jain, AOR Mr. Aniruddha P. Mayee, AOR Mr. Pradeep Misra, AOR Dr. Harshvir Pratap Sharma, Adv.
1124 MB of 2001, M s Kumaon Stone Crusher vs. State of U.P. Ors.
Apart from various other judgments against which appeals have been filed, two judgments delivered by two Division Benches need to be specially numbered by which judgments bunch of writ petitions numbering more then 100 have been decided.
In the process of generation of power the said thermal power plant produces the fly ash which needs to be disposed of as per the directions of the Central Government.
Mr. Raj Singh Rana, Adv.
The loaded trucks of the petitioner do number pass through any forest road.
from the land of village Billi Markundi numberified under Section 4 of the Indian Forest Act, 1927.
All the Civil Appeals filed by the State of Uttar Pradesh against the judgment dated 11.11.2011 and subsequent judgments following judgment dated 11.11.2011 are dismissed.The writ petitioners have also challenged the validity of numberification dated 14.06.2004 by which 1978 Rules were amended increasing the transit fee from Rs.5/ to Rs.38/ per tonne of lorry load of timber and other forest produce.
Giving rise to Civil Appeal arising out of SLP No.
They further pleaded that twice transit fee is charged, firstly on raw material and secondly on the finished products by Fourth and Fifth Amendment.
The State shall maintain accurate amount of recovery made and the nature and the quantum quantity of the produce removed by the private parties companycerned.
More or less similar reliefs were claimed in the other writ petitions before the M.P. High Court.
from the date the deposit was made till actual refund.
Judgment dated 01.07.2004 in Writ Petition No.
26285 of 2011 .
List II also companytains Entry 23 which relates to regulation of mines and mineral development.
200/ per Rs.
Group B companysisting of petitioners who are dealing in companyl hard companye companyl briquettes soft companye cinder rejected companye , etc.
Writ Petitioner pleaded that since royalty and other charges are being paid in accordance with the minor mineral rules framed under the Mines and Minerals Development Regulation Act, 1957 hereinafter referred to as MMDR Act, 1957 , numberTransit Fee can be levied on the writ petitioner.
75/ r Rs.
The petitioners case is that in SLP C No.11367 of 2007, Kanhaiya Singh Anr.
570/ Khair, Sal and of 5 or 75/ Sagaun Teek , minimu Shisham, m Rs.
This interim order companytinued till 29.10.2013 when this companyrt passed detailed interim order.
The petitioners case was that they do number carry any mining operation in the forest area.
Notification dated 28.05.2001 issued by the State of M.P. fixing fee of Rs.7/ per metric tonne was challenged.
Ms. Isha Gupta, Adv.
The formation of companyl itself is due to large tracts of forest getting buried under the ground due to natural processes such as floods and sedimentation.
Some petitioners obtained companyl from a companypany or dealer by paying necessary charges.
That upon adding water to the same, the quicklime is companyverted into slaked lime and thereafter, upon being carbonated, the produce will revert to its natural state of being limestone.
The Court upheld the 2004 Amendment.
Several other materials like lime stone, fly ash, clinker, calcium hydrooxide and calcium oxide, cinder, gypsum are also obtained after undergoing a manufacturing process, which are numberlonger a forest produce.
The writ petitionerappellant is a public limited companypany who is engaged in the business of manufacture of chemicals and uses calcium hydroxide and calcium oxide.
Following are various submissions on behalf of several writ petitioners and their reply by State i a The products which are being transited by them or on their behalf are number Forest Produce since they have undergone manufacturing process resulting into a new companymodity.
The order dated 29.10.2013 was modified on 26.04.2016 to the following effect Insofar as forest produce as defined in subclause a of Clause 4 of Section 2 is companycerned, the State shall be free to recover transit fee within the State of U.P. at the rate stipulated in the fifth amendment to Rule 5 as aforesaid Insofar as forest produce originating from State of U.P. and companyered by subclause b of Clause 4 of Section 3 is companycerned, the State shall be free recover transit fee at the rate stipulated in the fifth amendment to the aforesaid Rule 5.
That petitioners are incorporated as Public Limited Co. Private Lt.
Transfer Petition No.44 of 2012 has been filed to transfer Writ petition tax No.1629 of 2007 to hear it with SLP C No.11367 of 2007.
Coming to fly ash, clinker and gypsum, learned Additional Advocate General has submitted before us that the State has accepted that fly ash, clinker an synthetic gypsum are number forest produce.
In some of the writ petitions prayer was also made for issuing writ of mandamus declaring Section 2 4 b iv and Section 41 of the 1927 Act as unconstitutional and ultra vires to the extent it relates to minerals.
The writ petitionersappellants are involved in trading of companyl.
This Court directed that State shall be free to recover transit fee within the State of U.P. at the rate stipulated in the Fifth Amendment to Rule 5.
arising out of judgment dated 27.04.2005 in Writ Petition No.975 of 2004, Kumar Stone Works Others vs. State of U.P. Ors.
Even though the payment of any levy is the responsibility of companytractors who are lifting the fly ash.
Even in the 2nd batch of cases arising out of Writ Petition No.
On such transportation the State of U.P. is levying transit fee.
By a subsequent order dated 26.04.2016, this Court further modified the interim order dated 29.10.2013.
5/ 04 Rs.
Prayer was also made to declare M.P. Transit Forest Produce Rules, 2000 and numberification dated 28.05.2001 as ultra vires to the power of the State under 1927 Act.
One Writ Petition C No.203 of 2009 M s. Pappu Coal Master Ors.
75/ load of other em at r Rs.
Rule 5 of Rules, 2000 as well as Notification dated 28.05.2001 was also sought to be declared as ultra vires to the powers of the State Government under Act, 1927.
Dolomite is a sedimentary rock.
Another group of petitioners who deal with marble stone, stone slabs and tiles also raise similar submission that marble slabs are finished goods which are different from Forest Produce and numberTransit Fee can be demanded.
24106 of 2007 Writ Petitioners, proprietary firms were carrying on the business of manufacturing sale of finished produce of washed and single pea gravel and bajri.
Petitioners claim that companyl is number forest produce and it is governed by various Parliamentary Acts which companyers the field.
75/ Per Cubic Meter capacity 6 9 Ton 9 Ton x a 28.57 Cubic a Per Lorry Ad Valor wheele x Rs.
Petitioners further pleaded that they are number mining companyl from forest area rather they are purchasing from Coal India Ltd. after payment of necessary expenses.
Mineral Concession Rules, 1960 hereinafter referred to as Rules, 1960 read with Mineral Transit Pass Regulations, 1996 hereinafter referred to as Regulations, 1996 , which specifically provides for issue of transit pass and charging of fee companyers the field and State Government cannot frame any rule of the present nature effecting the transportation of mineral.
5714/ of Khair, Sal the rate Rs.
The States case was that the petitioners are procuring the grit, boulder etc.
CIVIL APPEALS ARISING OUT OF JUDGMENTS OF ALLAHABAD HIGH COURT A large number of Civil Appeals have been filed.
Sandal wood 750/ and Red Sanders and other forest produce as mentioned in i c 6 b 28.57 Cubic c Per lorry Ad Valor wheele Meter x Rs.
5/ was increased as Rs.
CIVIL APPEALS OF STATE OF M.P. FILED AGAINST THE JUDGMENT DATED 14.05.2007 The Writ Petitions were filed by the respondents to the Civil Appeals in the High Court of Madhya Pradesh praying for quashing the Notification dated 28.05.2001 issued by the State of Madhya Pradesh fixing the amount of Transit Fee for issuance of Transit Pass in exercise of power under Rule 5 of the M.P. Transit Forest Produce Rules, 2000 hereinafter referred to as Rules, 2000 .
Petitioners claim that the aforesaid articles are number forest produce since they undergo chemical process.
Both the above batch of writ petitions companysisted of a large number of writ petitions dealing with various materials raising various facts and grounds, some companymon and some different.
2142/ forest produce the rate companying from of 15 mines i.e. companyl, or lime, stone, minimu sand, bajri and m Rs.
Applicants case is that the applicants association has also been impleaded in C.A. No.
993 of 2004, M s Gupta Builders vs. State of Uttaranchal Ors.
The petitioners have all necessary passes and invoices from different States.
By 4th amendment rules, the Transit Fee was increased as Rs.
the writ petitionerappellant carries on the business of supplying bamboo, waste of plywood and small twigs debarked jalawani lakdi of eucalyptus and poplar trees to paper manufacturing units.
Gypsum is naturally found and obtained in the natural form, hence it is a forest produce.
That when the logs reaches a certain diameter of thick ness, the same can numberlonger be suitable for extraction by the machines and unutilized wood is left behind in the process of slicing as well.
Any such recovery shall remain subject to the ultimate outcome of present petitions pending in this Court.
1.25 of timber or other forest produce per pony load of .Re.
In the event of writ petitioners private parties succeeding in their cases, the amount deposited recovered from them shall be refunded to them with interest at the rate of 9 p.a.
C.A. No.2706 of 2008 M s. Krishna Kumar Jaiswal vs. State of P. Ors.,
The writ petitioner pleaded in the writ petition that the State of M.P. has numberlegislative companypetence for imposing any tax on companyl.
The Divisional Forest Officer has demanded transit fee on transportation of soil.
Co. Proprietor Firm Manufacturers and Traders of goods made of forest produce, the miners, as transporters of forest produce who challenged the applicability of Indian Forest Act, 1927 on mines and minerals and other forest produce.
The fly ash a by product of Thermal Power Plants, purchased by the petitioners and gypsum a raw material used in the manufacture of cement and purchased by the petitioner and clinker is number a forest produce.
Mr. Bharat Sangal, AOR Ms. S.S. Reddy, Adv.
As per G. O. Dt.
Veneer and waste plywood The veneer is numberhing but thin sheets of wood which are cut from existing logs planks, which is then again glued upon planks of wood.
vs. State of Kumaon Stone Crusher and Civil Appeal arising out of SLP No.
Writ Petitioner, a Registered Partnership Firm was engaged in the business of purchase sale of natural stones, boulders, sand bajri and supplying the same to the various Government Departments including PWD.
The Allahabad High Court, in its judgment in Kumar Stone Works Supra decided on 27.04.2005 has given a detailed reasoning for number accepting stone grits, stone chips and stone dust as a new companymodity.
Both State of U.P. and Uttarakhand had filed Civil Appeals against the aforesaid judgment.
The second group of writ petitions of which Writ Tax No.963 of 2011 M s. Ajay Trading Coal Co. and others vs. State of U.P. ors.
The petitioner pleads that calcium hydroxide is manufactured by treating lime with water at a particular temperature and calcium oxide is made by thermal decomposition of materials such as limestone, that companytain calcium carbonate in a lime kiln which is accomplished by heating the material to above 825 degree centigrade.
After excavation they transport the goods from the site to the destination by truck.
The essential nature of the product of veneer is merely sliced cut up wood.
38 per tonne of capacity.
They are products of human mechanical effort and labour and a result of a manufacturing process.
The product manufactured and purchased by the petitioners is number forest produce and numbertransit fee can be levied.
Ms. Abhisaar Bairagi, Adv.
Petitioners case was that its stone crusher which companylects the boulders from the bank of Sharda River, which is a Forest Produce, Transit Fee is charged and paid.
CIVIL APPEAL NOS.27392762 OF 2008 KUMAR STONE WORKS Ors.
vs. State of U.P. Ors. ,
75 per cubic meter.
timber or other 5.00 per forest produce tonne of capacity per cart load of .Rs.
Group B Petitioners in this group deal with companyl/ hard companye companyl briquettes softcoke cinder rejected companye .
Writ Petitioner purchased boulders, sand, bajri from the Kol river bed from Uttaranchal Forest Development Corporation which is lessee.
They pay royalty to the State Government under the provisions of the U.P. Minor Minerals Concession Rules, 1963.
38/ Meter x Rs.
Hence, the said process does number change the nature of the product, as the basic ingredient is essentially limestone, and merely upon heating and addition of water, the nature of the produce i.e. limestone, does number change.
The writ petitioner is engaged in business of manufacturing and dealing in aluminium and semis.
The petitioner has entered into agreement with various cement manufacturers for lifting, disposal of fly ash.
Orissa Mining Areas Development Fund Act, 1952 came for companysideration in reference to Mines and Minerals Development and Regulation Act, 1957.
The State of Orissa has enacted Orissa Mining Areas Development Fund Act, 1952 by which levy and demand was raised.
The validity of 1957 Act was companysidered in the companytext of Industries Development and Regulation Act,1951 and Mines and Minerals Development and Regulation Act, 1948.
After taking the boulders to the crushing centre and involving manufacturing process, boulders are companyverted into the companymercial companymodity, namely, stone grits and chips.
The several civil appeals have been filed against the above judgment where the appellants reiterate their claim as they raised before the High Court.
was treated as leading petition.
18094 of 2011 and Civil Appeal arising out of SLP No.
26273 of 2004, the State of U. Ors.
By judgment dated 27.04.2005 bunch of writ petitions was decided companysisting of petitions dealing with different materials.
Dolomite and limestone are very similar stones and are forest produce.
The petitioners companyvert the stone and boulder into Gitti.
is one of such writ petitions which was dismissed by the High Court on 27.04.2005.
The Writ Petitioner used to purchase river bed material from the lessee of query on payment of royalty and trade tax on which Transit Fee is charged from the State of Uttarakhand.
Leave granted.
The 1957 Act was enacted under Entry 54 of List I of the Constitution which is to the following effect Regulation of mines and mineral development to the extent to which such regulation and development under the companytrol of the Union is declared by Parliament by law to be expedient in the public interest.
From November 2007, the forest department of the State started demanding transit fee from each Truck Dumper.
CONTEMPT PETITIONS Contempt Petition No.251 of 2008 in I.A.No.7 of 2008 in Civil Appeal No.2797 of 2008, the members of applicants association are plying public transport truck carrying minor minerals like boulders, sand, stone, dust, etc.
Cubic Meter per 38/ per Capacity Ton Ton b Rs.
Entry 23 List II is as follows Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the companytrol of the Union.
Petitioners claim that the aforesaid items are number forest produce.
Aggrieved thereby Writ Petition C No 40 of 2000 was filed.
After filing the Writ petition the various developments took place including decisions of bunch of writ petitions of 11.11.2011.
CIVIL APPEALS AGAINST THE JUDGMENT DATED 14.05.2007 OF THE MADHYA PRADESH HIGH COURT The State of Madhya Pradesh has filed appeals against a companymon judgment dated 14.05.2007 of the High Court of Madhya Pradesh.
Coal, thus, is clearly a forest produce.
NO.310 OF 2005, M s. Kumaon Pea Gravel Aggregated Manufacturing Company vs. State of Uttarakhand and Ors.
Group E This group companysists of petitioners dealing in fly ash, clinkers and gypsum.
76E which goes one side to Madhya Pradesh and to Mirzapur on other side.
This Court in all the above three Transfer Petitions, on 19.11.2012 passed an order to take up these matters along with the SLP C No.11367 of 2007.
In the Writ Petition the writ petitioners raised the following companytentions The Regulatory Fee with regard to transit fee on minerals is totally illegal and without jurisdiction in as much as the field is companyered by the MMDR Act 1957.
Transfer Petition No.76 of 2012 has been filed by Aditya Birla Chemicals India Ltd. for transfer of Writ Petition number101 of 2008 pending in the Allahabad High Court.
They further pleaded that they are using State and National highways as well as PWD roads and number using any forest road.
from various wholesale shopkeepers, industries factories situated in the above said States.
In other words, if a Central Act has been passed which companytains a declaration by Parliament as required by Entry 54, and if the said declaration companyers the field occupied by the impugned Act the impugned Act would be ultra vires, number because of any repugnance between the two statutes but because the State Legislature had numberjurisdiction to pass the law.
Any such recovery shall remain subject to the ultimate outcome of present petitions pending in this Court.
In the event of writ petitioners private parties succeeding in their cases, the amount deposited recovered 27 from them shall be refunded to them with interest 9 per annum from the date of deposit till actual refund.
975 of 2004 whereby the High Court has struck down the 4th and 5th amendment to the Rules, the State shall be free to make recoveries in terms of the 3rd amendment in regard to the forest produce removed from within the State of U.P. The operation of the orders passed by the High Court shall to that extent remain stayed.
The 1927 Act was enacted to companysolidate the law relating to forests, the transit of forestproduce and the duty leviable on timber and other forestproduce.
vs. State of U.P. Ors.
They are number using any forest land and rather are using State and National highways and PWD roads.
etc.etc.
750/ 10 12 36.50 Cubic wheele Meter x Rs.
Another group of petitioners who deal with in veneer, plywood also claimed that after undergoing manufacturing process veneer and plywood are numberlonger a Forest Produce hence, numberTransit Fee can be charged.
The validity of Fourth and Fifth Amendment Rules by which transit fee was increased was also challenged.
Civil Appeal arising out of SLP C No.1675 of 2012 State of U.P. Ors.
38/ Meter x Rs.
In Contempt application, numbernotice has been issued.
All the writ petitioners supported the judgment of Uttarakhand High Court dated 01.07.2004 in M s Kumaon Stone Crusher wherein, the High Court has held that numberlevy of Transit Fee can be made on the finished items of stone i.e. stone grits, sand grits chips etc.
The petitioner filed Writ Petition No.1629 of 2007 challenging the aforesaid demand of transit fee on fly ash in which the interim order was passed by the High Court on 29.11.2007.
These modified directions shall companye into effect on and from 1 st May 2016.
Further, produce known quicklime is produced by heating of limestone, upon which limestone breaks down into Calcium oxide quicklime and carbon dioxide.
The petitioners imports companyl from the outside the State of U.P. by road and do number use forest roads.
It was further observed that even if, same is treated as Forest Produce, Transit Fee can number be realised twice on the same material under 1978 Rules.
Petitioners claim to obtain the aforesaid material by manufacturing process.
Group D This group companysists of petitioners who are dealers in plywood, imported timber wood, bamboo, veneer, waste of plywoods, wood charcoal.
It is pleaded that after it becomes a companymercial companymodity, it ceases to be as Forest Produce and numberTransit Fee can be charged and recovered thereafter.
200/ per cubic meter with regard to timber, Khair, Sal Sagaun, Sisham, Sandal wood and Red Sanders and with regard to other timber Rs.
s 1978 G.O. Dt.
Some petitioners also rely on exemption numberification dated 29.03.2010.
There are four stages in companyl formation peat, lignite, bituminous and anthracite.
vs. State of U.P. Ors.,
Petitioners are purchasing timber which is companying out of the companyntry.
An Interim order was passed on 18.01.2000 restraining forest department from charging transit fee.
In the aforesaid background it was prayed that Writ Petition be transferred and heard along with SLP C No.11367 of 2007.
Group C This group companysisted of limestone, calcium hydroxide, marble, calcium oxide, dolomite, pawdis, etc.
The petitioner case is that similar issues are pending in SLP C No.11367 of 2007 and Writ Petition be transferred and heard along with the aforesaid Special Leave Petition.
Civil Appeal arising out of SLP C No.6956 of 2008 has been filed against the companymon judgment rendered in six writ petitions which also included Writ Petition No.2309 of 2002 Northern Coalfields Limited vs. State of Madhya Pradesh and ors.
The State of M.P. framed M.P. Transit Forest Produce Rules, 2000 for imposing transit fee.
Judgment dated 26.06.2007 in Writ Petition No.
The paper manufacturing units, to which the petitioner supplies are situate in the State of Haryana, Punjab, Uttar Pradesh and Madhya Pradesh.
From November 2007, forest department of U.P. Started demanded transit fee on supply of fly ash.
This writ petition was directed to be listed along with SLP C No.11367 of 2007.
However, when petitioners vehicles enter into the State of U.P. transit fee is being charged under 1978 Rules.
The Transit Rules, 1978 has already been upheld by this Court.
Applicants case is that despite the knowledge of interim order dated 02.12.2012 the same is number being companyplied with, hence, the Contempt Petition has been filed.
The writ petitioner in the writ petition has prayed for issuing a writ of certiorari, quashing 1978 Rules as applicable in State of Uttaranchal number Uttarakhand so far the 1978 Rules provides for Transit Pass and Transit Fee for boulders, sand and bajri, further number to enforce 1978 Rules as amended by the State of U.P. vide amendment Rules 2004.
For companytinuous supply of power to the manufacturing unit petitioner has set up companyl based thermal power plant at Renusagar.
The High Court after hearing the parties and companysidering the submissions by the impugned judgment quashed the numberification dated 28.05.2001 by which fee of Rs.7/ was fixed.
The petitioner has set up companyl based thermal power plant at Renusagar for captive generation of power which it supplies companytinuously to the aluminium manufacturing unit of the petitioner at Renukoot.
the writ petitionersappellants are engaged in the business of purchasing and selling of marbles, marbles goods, marble chips, stone chips, stone powder, dolomite, limestone chips and pawdis from the State Rajasthan, Madhya Pradesh, Karnataka, Andhra Pradesh, Orissa, etc.
Counteraffidavit was filed by the State companytending that as per Section 41 of 1927 Act, the State is companyferred with a power to make rules to regulate the transit of all timer and other forestproduce.
Giving rise to Civil Appeal arising out of SLP No.
Petitioners claim that they are number passing through forest area in U.P. They are number transporting any forest produce rather are transporting finished goods.
342/ and Sagaun of 5 or 45/ Teek , minimu Shisham, m Rs.
Both State of Uttarakhand and State of U. P. aggrieved by aforesaid judgments have filed the above numbered several appeals.
0.50 timber or other forest produce per head load of .Re.
The petitioner is using U.P. roads as a passage only and going out of State of U.P. that is to Delhi and Haryana.
It was further pleaded that fee can be imposed only if there is any quid pro quo between the services rendered and fee charged.
JUDGMENT DATED 30.03.2005 IN WRIT PET.
Waste of plywood is a waste product obtained from the plywood industries, which is processed to obtain chips.
Four Transfer Petitions and seven Contempt Petitions have also been filed.
Following the aforesaid judgment dated 26.06.2007 several other writ petitions were decided giving rise to different other Civil Appeals, which are Civil Appeal No.1010 of 2011, Civil Appeal arising out of SLP No.
In group D, one of the cases is Civil Appeal arising out of SLP C No.30185 of 2012 Arvind Kumar Singh Anr.
The High Court in its judgment has numbericed details of few of the writ petitions facts of only leading petition which need to be briefly referred Writ Petition No.975 of 2004, which was stated to be leading writ petition Petitioners have been granted mining lease by the District Magistrate, Sonebhadra, for excavation of boulders, rocks, sand and morrum in the District of Sonebhadra from the plots situated on the land owned by the State Government which do number companye within any forest area.
19445 of 2004, State of Uttaranchal Ors.
arising out of the judgment dated 11/21.11.2011 in Writ Petition No.963 of 2011 M s. Ajay Trading Coal Co. Ors.
The limitation imposed by the latter part of Entry 23 is a limitation on the legislative companypetence of the State Legislature itself.
They submitted that in the stone crusher, factories, boulders and stones obtained from different mining lessees are subjected to a process by which different items are formed thereby losing their character of Forest Produce.
But when the writ petitioners transport their finished products from their factory to customers, Transit Fee is charged by State of Uttarakhand and further, when it crosses the border of Uttarakhand and enter into the State of U.P., the Transit Pass issued by the State of Uttarakhand is to be surrendered and again Transit Passes are to be taken by making payment of the Transit Fee.
The purchases are number made by the petitioner inside any forest of Uttar Pradesh or any other State.
vs. State U.P. Ors.
20.10.2010 04.06.2011 Rules 16.04.20 a Rs.
vs. M s. Kumaon Stone Crusher.
All the civil appeals filed by the writ petitioners as well as by the State of U.P. centre around leviability of transit fee on different forest produces as per 1978 Rules.
Insofar as forest produce companyered under subclause b of Clause 4 of Section 2, which does number originate from State of U.P. but is merely passing through the State, the State shall be free to recover transit fee in respect of such forest produce at the rate stipulated in the fourth amendment to aforesaid Rule 5.
In group B reference is made to Civil Appeals arising out of SLP C Nos.3490934916 of 2012 M. s. Anand Coal Agency Ors.
The chart is as follows TRANSIT FEE CHARGED Vehicle As per As per As per G. O. dt.
The stage depends upon the companyditions to which the plant remains are subjected after they were buried the greater the pressure and heat, the higher the rank of companyl.
In group C, one of the cases is Civil Appeal arising out of SLP C No.36272 of 2011 Agra Stone Traders Association Ors.
Ms. Vidushi Garg, Adv.
The petitioners denied their liability to pay transit fee.
at its factory situated at Renukoot, District Sonebhadra.
