9911796707
TMI Blog2013 (7) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... s is beyond the authority conferred upon the respondents under the Indian Forest Act, 1927 and the Rules of 1978. If any registration fee is charged from the petitioner, the same shall be returned to him. He will, however, continue to obtain transit passes and pay transit fee on the transportation/movement of coal, held to be forest produce in accordance with the U.P. Transit of Timber and other Forest Produce Rules, 1978. - Writ Tax No. -289 of 2013 - - - Dated:- 14-3-2013 - Sunil Ambwani And Hon'ble Bharat Bhushan,JJ. For the Petitioner : Arvind Agrawal For the Respondent : C. S. C. ORDER We have heard Shri Arvind Agrawal, learned counsel appearing for the petitioner. Shri S.P. Kesarwani, Additional Chief Standing Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Rule 23. 21. Form etc. of foreign passes must be registered in Conservator's Office.- Every foreign pass must be in a form which has been registered in the office of the Conservator of Forests of the Circle into which it is sought to import forest produce thereunder and must be signed by an official whose designation is registered in the office of the said Conservator, and every foreign property mark must be of description which has been registered under Rule 23 in the said office. At the time of applying for registration of the foreign pass in the office of the Conservator of Forest of circle concerned, a declaration will have to be submitted duly verified by the competent authority concerned that there is no objection to the exportin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted, exported or moved into or from the territories to which this Act extends across any customs frontier as defined by the Central Government, and any rules made under Section 41 shall have effect subject to the rules made under this section." The delegation of powers under Section 41 (2) (i) refers to registration of property marks for timber and prescribe the time for which the registration shall hold good; limit the number of such marks and provide for the levy of fees for such registration. The reference to Rule 40A appears to be a mistake in making the order. There is no such Section 40A in the Act. Section 41A would show that the registration is provided only for property marks for timber or other forest produce, which may be imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er is not the importer of coal from outside the India nor exports the coal within the country to outside India. On the aforesaid facts and circumstances the insistence for registration and for charging the registration fees is beyond the authority conferred upon the respondents under the Indian Forest Act, 1927 and the Rules of 1978. The writ petition is allowed to the extent that the petitioner will not be required to obtain registration for movement of coal within the State of UP. If any registration fee is charged from the petitioner, the same shall be returned to him. He will, however, continue to obtain transit passes and pay transit fee on the transportation/movement of coal, held to be forest produce in NTPC Ltd. (supra) in accor ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
