VENEER MILLS MYSORE Vs. UNION OF INDIA

JUDGEMENT

(1.) this batch of cases have been filed by importers of timber challenging the levy of inspection fee on plants imported into India on the ground that levies under clause 3(12) and clause 12 of the plants, fruits and seeds (regulation of import into india) Order, 1989 read with Section 3 of the destructive insects and pests Act, 1914, is not applicable to commercial timber logs imported into india.

(2.) for purpose of convenience, we will take up the first batch of cases in W.P. nos. 700 to 702 of 1990 and dispose them of and following this decision, we shall make separate orders in each of the other cases although the matters have been heard together.

(3.) at the time of filing of the petitions, the petitioners had challenged the validity of the inspection fee on the ground that the same was not authorised under Section 3 of the destructive insects and pests Act, 1914 (act 'for short'). The said ACT was amended during pendency of these proceedings by ACT 12 of 1992. By that amendment and validation ACT sub-section (3) was introduced into Section 3 of the ACT retrospectively by the central government to levy and collect fees at such rates and in such manner as may be specified for making an application for a permit to import, or for making inspection, fumigation, disinfection, disinfestation or supervision of, any Article or class of articles or any insect or class of insects under the section. Validation clause was also introduced validating the levy and collection of fee made prior to the introduction of the ACT by notification dated 27-10-1989 notwithstanding any decree or orders that may have been passed by any of the courts. In the circumstances, therefore, petitioners have not pressed those contentions in relation the validity thereof and have given up that aspect of the case.