OMPRAKASH NAGOJA Vs. RANGER FOREST

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India challenges the action of the Forest Department of the Government of Maharashtra/respondent nos. 1 to 4 in charging transit fees from the petitioner for transportation of the goods in question, which is timber, imported by the petitioner from a foreign country and sought to be cleared from the Jawaharlal Nehru Port Trust (JNPT) at Navasheva, Uran, District Thane.

(2.) The question which arises for consideration in the present case is as to whether timber - a forest produce imported by the petitioner can be transported freely without payment of transit fees from the port of arrival - JNPT at Nava Sheva, Uran District Raigad to the Customs C.F.S. (Container Freight Station) at Mulund in Mumbai.

(3.) As seen from the prayers as made in the petition, the prayers are confined to goods under bill of lading No. PONLGYEOO421842 dtd. 29/10/2001. The prayers as made in the petition reads thus: