NITIN AGARWAL Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record. List this petition alongwith WPMS No. 1420 of 2012 on the date fixed in that petition. By that time, respondents may file counter affidavit.

(2.) THE petitioner has been granted permission for storage of raw material i.e. river bed material by the S.D.M., Ramnagar vide order dated 19.05.2013 under the provision of U.P. Minor Mineral Concession Rules. The petitioner purchases river bed material i.e. boulders, natural sand and gravel etc. from respondent no. 3 on payment of royalty and other charges. The petitioner is questioning the validity and legality of Rule 5(i) of The Uttarakhand Transit of Timber and Other Forest Produce Rules, 2012, by which, transit fee on forest produce, being transported in the State has been levied @ Rs. 50/ - per tonne.

(3.) THE U.P. Rules of 1978 was being followed by the State of Uttarakhand, but now these Rules of 1978 has been substituted by the Rules of 2012. According to the learned counsel for the petitioner, the Rules of 2012 are pari materia to the Rules of 1978 except for the rate of transit fee.