KUMAUN STONE CRUSHER ASSOCIATION Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THESE petitions have been filed by the petitioners for quashing the Uttarakhand Transit of Timber and Forest Produce Rules, 2012 so far same provides transit fee at the rate of Rs. 5.00 per quintal (Rs. 50/ - per ton) for regulation of transit of boulder, sand and bajri (River Bed Material). Further prayer has been made for a direction to the State of Uttarakhand not to enforce the Uttarakhand Transit of Timber and Forest Produce Rules, 2012 so far it provides transit fee at the rate of Rs. 5.00 per quintal(Rs. 50/ - per ton) for regulation of transit of boulder, sand and bajri. Another prayer has been made for restraining the respondents from issuing/ levying any transit fee in terms of Rules 1978 framed under section 41 of Forest Act 1947 in case of transit of boulder, sand and bajri which are purchased on payment of royalty in accordance with the provisions of Mines and Minerals (Regulation and Development) Act 1957 and rules framed there -under by the State Government.

(2.) SINCE in all these writ petitions, common question of law is involved to be decided by this Court, therefore, with the consent of the learned counsel for the parties, all the writ petitions have been heard together and are being decided by this common judgment. Writ petition no. 2413 of 2012 (M/S) shall be the leading case.

(3.) PETITIONERS are owners of stone crushers and stone washing plants, duly registered under Societies Registration Act. They use to purchase the boulders, natural sand and bajri etc. (also called River Bed Material) from the Uttarakhand Forest Development Corporation (hereinafter referred as Forest Corporation) who is the lessee, and on payment of royalty to the lessee, and on payment of other charges including taxes and road charges of Rs. 50.00/ - for using forest road, the lessee is to allow the petitioners to remove certain specified quantity of boulders, sand bazri. It is stated that price/rate of River Bed Material (for short RBM) has been fixed including charges such as compensatory afforestation charges, river training charges and demarcation and fire wood charges, charged by respondent no. 1 and respondent no. 2 through the respondent no. 3. The respondent no. 3 has been charging the Royalty and other expenses alleged to be incurred by it as the price of the RBM. The cost of RBM is charged as a Royalty at the rate of Rs. 45.00 per cubic meter and at present the department of Forest treats 1 cubic meter equivalent to 18 quintals. Thus, the material which is made available by the State Government at the rate of Rs. 3.50 per quintal excluding charges such as compensatory afforestation charges, river training charges and demarcation and fire wood charges charged by respondent no. 1 and respondent no. 2. Petitioners used to purchase the RBM i.e. boulders, sand, bazri from the lessee of Gola River and other rivers which passes through the forest area in Haldwani, District Nainital and Haridwar District, and the Forest Department of State of Uttarakhand insists of issuing a Transit Pass and levy of transit fee on the pretext that the RBM i.e boulders, sand, bazri are forest produce under the provisions of Forest Act 1947, and the transit of such forest produce can only be allowed on a Transit Pass on payment of Transit Fee in accordance with the provisions of Uttar Pradesh Transit of Timber and Forest Produce Rules 1978 (hereinafter referred as 1978 Rules) as framed in exercise of powers under section 41 of the Forest Act read with U.P. Re - organization Act 2000.