GALFAR ENGINEER & CONTRACTING Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) IN all these writ petitions, identical questions of fact and law are involved, therefore, all the writ petitions were taken up together for hearing and are being disposed of by this common judgment with the consent of learned counsel for the parties.

(2.) PETITIONERS are involved in the business of mines and minerals. As per Section 41 of the Forest Act, State of Uttar Pradesh was pleased to enact the Uttar Pradesh Transit of Timber and Other Forest Produce Rules, 1978 whereunder transit fee @ Rs. 5 per ton was imposed for transportation of forest products. After creation of State of Uttarakhand, State of Uttarakhand was pleased to enact the Uttarakhand Transit of Timber and Forest Produce Rules, 2012 thereby enhancing transit fee of forest products from Rs. 5 per ton to Rs. 50 per ton. Feeling aggrieved from the enhancement of transit fee from Rs. 5 per ton to Rs. 50 per ton by 2012 amendment, petitioners have invoked writ jurisdiction of this Court under Article 226 of the Constitution.

(3.) ON the other hand, Mr. Subhash Upadhyay, learned Chief Standing Counsel and Mr. R.C. Arya, learned Standing Counsel for the State of Uttarakhand, vehemently argued that there is no denial to the fact that State Government can impose transit fee, which is regulatory in nature; if competence to levy the transit fee is not under challenge, then ordinarily, this Court, while exercising jurisdiction under Article 226 of the Constitution of India, should not interfere in the policy matter of the State Government to find out as to whether levied transit fee is excessive or unreasonable; to maintain the ecological balance, the State Government is required to maintain forest and is further required to do comprehensive patrolling to protect the forest, forest products and wild life; since about 65% of the total area of State of Uttarakhand is covered by the forest, therefore, heavy expenses are being incurred by the State Government to protect, maintain and develop the forests.