ASSOCIATE LUBERS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition has been preferred seeking a declaration that clause 3(12) and 12 of the Plant, Fruits and Seeds (Regulation of Import into India) Order is illegal, unconstitutional and ultra vires the Destructive Insects and Pests Act, 1914. Further, the petitioner stated that in similar situation, the Bombay High Court in Writ Petition No.1810 of 1990 struck down clause 3(12) and 12 of the said Order as ultra vires the powers conferred on the Central Government under section 3(1) of the said Act. THE petitioner has also stated that the respondent is not justified in collecting inspection fee on consignment of timber and also apprehended that the consignments listed at Annexure A to the petition which were expected to arrive at Kandla on 18.11.91 would also be subjected to inspection fees by the respondents.

(2.) ON facts, prima facie we feel that the matter has become infrucutous. So far as the challenge to the statutory provision is concerned, the petitioner himself has stated that the provisions are struck down by the Bombay High Court. That being the fact situation, Central Government cannot act on those provisions which have been struck down by the Bombay High Court, if it is factually correct. In view of the above facts and circumstances, examination of vires of the statutory provisions is not necessary in this proceedings. The Special Civil Application is disposed of accordingly.