CENTURY PULP AND PAPER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Sri Pankaj Kumar Singh, the learned counsel for the petitioners and Sri U.K. Uniyal, the learned Advocate General, assisted by Sri Paresh Tripathi, the learned Additional Chief Standing Counsel for the State of Uttarakhand.

(2.) LEARNED Addl. C.S.C. for the State/respondent nos.1, 2 and 3 is allowed four weeks' time to file counter affidavit. Thereafter, three weeks' time is allowed to the petitioners to file rejoinder affidavit. List this matter for admission and final disposal immediately after the expiry of the aforesaid period.

(3.) ON the other hand, the learned Advocate General for the State of Uttarakhand submitted that the State of Uttarakhand has the power and the competence to frame its own Rules, which Rules have been framed. The competence of the Rules of 1978 has been upheld by the Supreme Court. The State has the power to enhance the fee. The fee of Rs.5/-, which was being charged from 1978, is now, if inflation is to be considered, goes up to Rs.200/- and, therefore, the demand of Rs.50/- as transit fee is very reasonable. Considering the aforesaid facts, since the validity of the Rules have been questioned and the same has been struck down by the Allahabad High Court, which matter is now pending consideration before the Supreme Court of India, the Court is of the opinion that the petitioners are also entitled for a similar relief, subject to certain modifications, since the Court is of the opinion that the State Government cannot run on stay orders and certain amount of revenue is required to be generated by the State Government in order to survive.