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BOMBAY HIGH COURT
*Sujata Manohar, Srikrishna, JJ.
S. R. I. Roller Mills Pvt. Ltd. v. Union of India and Others
| Table of Content |
|---|
| 1. challenge to inspection fees for imported plants and seeds. (Para 1 , 2 , 3) |
| 2. definition debate on whether pulses count as seeds. (Para 4 , 5 , 6) |
| 3. authority for levy inspection fees under regulatory power questioned. (Para 7 , 8) |
| 4. lack of legislative authority to impose fees noted. (Para 9 , 12 , 13 , 14) |
| 5. past arguments and precedents impacting current regulatory framework examined. (Para 16 , 18 , 20) |
1. These writ petitions challenge the levy of inspection fees in respect of inspection inter alia, of plants and seeds imported into India. These fees are levied under clauses 3(12) and 12 of the Plants, Fruits and Seeds (Regulation of Import into India) O.1989, issued in exercise of the powers conferred on the Central Government By S.3(1) of the Destructive Insects and Pests Act, 1914 . The levy of these inspection and supervision charges under the said order has been challenged in a large number of writ petitions which are before us today. It is an accepted position that the three petitions being decided by us cover all the point at issue in the pending writ petitions. We have allowed advocates appearing in these other writ petitions also to address us on th
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