2026:CGHC:539-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4676 of 2022

1 - Steel Authority of India Limited Bhilai Steel Plant, Through Its Power of Attorney Holder And General Manager (Incharge Law) Bhlai Steel Plant, Ispat Bhawan, Bhilai, District Durg, Chhattisgarh.

2 - The Chief General Manager (Mines And Rowghat) Steel Authority of India Limited, Bhilai Steel Plant, Ispat Bhawan, Bhilai, District Durg Chhattisgarh.

... Petitioners versus

1 - State of Chhattisgarh Through The Secretary , Department of Forest And Climate Change, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.

2 - The Principal Chief Conservator of Forest Aranya Bhawan , North Block , Sector 19, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.

3 - The Divisional Forest Officer Rajnandgaon Forest Division, Rajnandgaon, Chhattisgarh.

4 - Union of India Through Its Secretary, Ministry of Environment Forest of Climate Change, Paryavaran Bhawan, Jorbagh, New Delhi.

... Respondents (Cause-title taken from Case Information System)

For Petitioners : Mr. Rajeev Shakdhar, Senior Advocate appearing through Video Conferencing assisted by Mr. Ankit Singhal, Advocate through Video Conferencing, Mr. Pawan Shree Agrawal and Mr. Ashish Mittal, Advocates For Respondents No.1 to 3/ : Mr. Praveen Das, Deputy Advocate General State For Respondent No.4/UOI : Mr. Ramakant Mishra, Deputy Solicitor General assisted by Ms. Annapurna Tiwari, Central Government Counsel Date of Hearing : 16/12/2025 Date of Judgment : 06/01/2026 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Naresh Kumar Chandravanshi , Judge C.A.V Order Per Ramesh Sinha , Chief Justice

1.

Heard Mr. Rajeev Shakdhar, Senior Cousnel appearing through Video Conferencing assisted by Mr. Ankit Singhal, learned counsel through Video Conferencing, Mr. Pawan Shree Agrawal and Mr. Ashish Mittal, learned counsel for the petitioners. Also heard Mr. Praveen Das, learned Deputy Advocate General appearing for the State/respondents No.1 to 3 and Mr. Ramakant Mishra, learned Deputy Solicitor General with Ms. Annapurna Tiwari, learned Central Government Counsel appearing for the Union of India/respondent No.4.

2.

The petitioners have filed the instant writ petition challenging the constitutional validity, legality and propriety of Rules 3 and 5 of the Chhattisgarh Transit (Forest Produce) Rules, 2001 (hereinafter referred to as “the Rules of 2001”), on the ground that the same are ultra vires the provisions of the Indian Forest Act, 1927 (for short, the Act of 1927) and Article 246 read with Schedule VII of the Constitution of India. The petitioners further assail Notification No. 06-02/2014/10-2 dated 30.06.2015, published in the Official Gazette on 10.07.2015, and Notification No. F.No. 6-2/2014/10-2/Van dated 27.07.2022, published in the Official Gazette on 04.08.2022, issued by the respondent–State, to the extent they impose fees for issuance of transit passes for transportation of iron ore at the rate of ₹15/- per ton and ₹57/- per ton, respectively. The petitioners also challenge the legality, validity and propriety of the letters dated 23.08.2022 and 02.09.2022 issued by respondent Nos. 1 and 2, respectively, whereby directions have been issued for compliance with Notification No. F No. 6-2/2014/10-2/Van dated 27.07.2022.

3.

The petitioner has prayed for the following relief(s):

“10.1 That this Hon'ble Court may kindly be pleased to declare that the Rule 3 and 5 of Chhattisgarh Transit (Forest Produce) Rules, 2001 is ultra vires to the Indian Forest Act 1927, the Mines and Minerals (Development and Regulation) Act. 1957 as also Articles 14,19, 265 and 301 of the Constitution of India.

10.2 That this Hon'ble Court may kindly be pleased to declare that the notifications dated 30.6.2015 and 27.7.2022 issued in exercise of power conferred under Rule 5 of Chhattisgarh Transit (Forest Produce) Rules, 2001 is ultra vires to the principal Act i.e., Indian Forest Act 1927, the Mines and Minerals (Development