The main legal point established in the judgment is that the Forest Department has the authority and power to regulate the transit of forest produce and levy transit fees as per the provisions of the Indian Forest Act, 1927 and the Bombay Forest Rules, 1942.

JUDGMENT :

G.S. Kulkarni, J.

1. This petition under Article 226 of the Constitution of India challenges the action of the Forest Department of the Government of Maharashtra/respondent nos. 1 to 4 in charging transit fees from the petitioner for transportation of the goods in question, which is timber, imported by the petitioner from a foreign country and sought to be cleared from the Jawaharlal Nehru Port Trust (JNPT) at Navasheva, Uran, District Thane.

2. The question which arises for consideration in the present case is as to whether timber – a forest produce imported by the petitioner can be transported freely without payment of transit fees from the port of arrival - JNPT at Nava Sheva, Uran District Raigad to the Customs C.F.S. (Container Freight Station) at Mulund in Mumbai.

3. As seen from the prayers as made in the petition, the prayers are confined to goods under bill of lading No. PONLGYEOO421842 dated 29 October, 2001. The prayers as made in the petition reads thus:

“a) That this Hon’ble Court will be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ direction and order under Article 226 of Constitution of India, directing the respondent nos. 1 to 4, their officers and subordinates to withdraw and/or revoke the impugned order dated 27.12.2001 and release the goods under bill of lading No. PONLGYEOO421842 dated 29 October, 2001.

b) That the writ of mandamus or writ in the matter of mandamus or any other appropriate writ direction and order be issued by this Hon’ble Court under Article 226 of Constitution of India, restraining respondent nos. 1 to 4 and their officers from charging any transit fee and penalty amount as demanded in the letter dated 27.12.2001. From the petitioner in respect of the said goods transshipment to C.F.S. Mulund which are the subject matter of the bill of lading no. PONLGYE00421842.

c) That the writ of mandamus or any appropriate writ direction order be issued by this Hon’ble Court directing the respondent no. 5 to waive the demurrage/detention charges for the said goods at transshipment at Mulund which are the subject matter of the bill of lading no. PONLGYE00421842.

d) That pending the hearing and final disposal of the petition the Honourable Court will be pleased to order and direct respondent nos. 1 to 4 therein, officers and subordinates to release the goods imported by the petitioner under O.G.I. at C.F.S. Mulund under bill of lading no. PONLGYE00421842 forthwith without demanding any charges. Pursuant to the demand notice dated 27.12.2001.”

4. This petition was admitted by an order dated 10 January, 2002 passed by a co-ordinate Bench of this Court, which also granted interim reliefs to the petitioner. The said order reads thus:

“Heard parties.

Rule.

Considering the prima facie case established by the petitioner, adinterim relief in terms of prayer clause (d) is granted subject to the payment of entire charges pursuant to the demand notice dated 27 December, 2001. Payment should be made within 15 days from today. Needless to mention that the payment shall be subject to the result of the petition.”

5. Learned counsel for the petitioner has fairly stated that as the petition stands today, the petitioner seeks reliefs in terms of prayer clauses (a) and (b) of the petition.

6. By virtue of the said interim order, the Court directed respondent nos. 1 to 4 to release the goods imported by the petitioner from the C.F.S. Mulund, however, subject to payment of the entire amounts demanded under the impugned demand notice dated 27 December, 2001 and such payment as made by the petitioner was subject to result of the present petition.

7. The facts appear to be not in dispute. On 29 October, 2001, the petitioner imported timber under O.G.L. from Ecuador. The consignment reached Jawaharlal Nehru Port Trust (for short “JNPT”), Navasheva port on 17 December, 2001. As per the bill of lading, the goods were to be delivered at C.F.S, Mulund. The goods were accordingly to