A.K.SIKRI, ASHOK BHUSHAN
State of Uttarakhand – Appellant
Versus
Kumaon Stone Crusher – Respondent
JUDGMENT :
ASHOK BHUSHAN, J.
1. Delay condoned. Leave granted.
2. This batch of cases relates to levy of transit fee. Transit fee levied by three States, i.e. State of Uttar Pradesh, State of Uttarakhand and State of Madhya Pradesh is in question.
3. In exercise of power under Section 41 of Indian Forest Act, 1927 (hereinafter referred to as “1927 Act) rules have been framed by different States. State of U.P. has framed the Rules, namely, the Uttar Pradesh Transit of Timber and other Forest Produce Rules, 1978 (hereinafter referred to as “1978 Rules”). After formation of the State of Uttarakhand in the year 2000, the above 1978 Rules were also extended by the State of Uttarakhand by 2001 Rules. State of Madhya Pradesh has framed Rules, namely, the Madhya Pradesh Transit (Forest Produce) Rules, 2000 (hereinafter referred to as “2000 Rules”).
4. Several writ petitions were filed in the Allahabad High Court, Uttarakhand High Court and High Court of Madhya Pradesh challenging the levy of transit fee, validity of transit fee Rules and for other reliefs. The writ petitions filed by the
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