9911796707
TMI Blog2013 (10) TMI 1394X X X X Extracts X X X X X X X X Extracts X X X X ..... learned senior counsel for the State of U.P. has drawn our attention to the interim orders passed by this Court in these matters from time to time. He submits that there are essentially two category of cases that have arisen from the State of U.P. The first batch according to Mr. Dwivedi arises out of a judgment dated 27.04.2005 in Writ Petition No. 975 of 2004 by which a Division Bench of the High Court of Allahabad has upheld the constitutional validity of the 3rd amendment to U.P. Transit of Timber and other Forest Produce Rules, 1978. By that amendment, the State Government had enhanced the transit fee payable on transit of forest produce from ₹ 5/- to ₹ 38/- per ton of capacity per lorry. Mr. Dwivedi points out that the SLP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterim order in the appeals filed whether by the State or by the private parties. The second category comprises cases in which this Court has directed the recovery of transit fee from the parties concerned to remain subject to the outcome of the petitions. The third category of cases comprises petitions in which this Court has granted unconditional stay against the recovery of transit fee from the parties concerned. Mr. Dwivedi submits that not only because this Court has passed different orders that need to be made uniform but also because of the financial implications, this court ought to pass orders that would serve the ends of justice and make an equitable arrangements avoiding further litigation in the matter. He submits that while pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifying the same. It was submitted that now that the writ petitions are being listed for final hearing in the month of February, 2014, the question of modification of the interim orders could be deferred till the matters came up for hearing. We have given our anxious consideration to the submissions made at the Bar. It is true that the matters are now being listed for final hearing in the month of February, 2014. but it is equally true that the arrangements already made do not present a uniform and consistent picture even though the controversy involved is more or less the same in all these cases. In some petitions, there is no interim order as noticed by us earlier. In some others the direction is that the party concerned would pay bu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
