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2010 (1) TMI 1181 - HC - Indian Laws

Issues involved: Challenge to levy of transit fee on non-forest produce; Interpretation of orders by the Apex Court regarding transit fee realization.

Challenge to levy of transit fee on non-forest produce: The petitioners contested the demand for transit fee by arguing that they deal in Kota Stone and Sand Stone, which are not classified as forest produce. They further asserted that since they do not transport their products through forest areas, the imposition of transit fee is unwarranted.

Interpretation of orders by the Apex Court regarding transit fee realization: The counsel for the petitioners referred to a previous case before the Apex Court where the realization of transit fee had been temporarily halted, but later modified to require the maintenance of a separate account for the collected fees. The High Court, taking cognizance of this, directed the respondents to maintain a separate account for the money collected as transit fee from the petitioners. Despite this, the actual realization of transit fee was not suspended. The counsel highlighted that a subsequent petition had been filed with the Apex Court, which had stayed the recovery proceedings until final disposal. In light of these developments, the High Court granted time for the filing of counter affidavit and ordered the stay of transit fee recovery against the petitioners until the next listing date.

 

 

 

 

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