State Of Up Through The Secretary Ministry Of Forest vs. Kamdhenu Ispat Ltd. Through Its Director Saurabh Agarwal

lITEM NO.11 COURT NO.6 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil)....../2014 CC 7198/2014 (From the judgement and order dated 19/12/2012 in WT No.1355/2012 of The HIGH COURT OF JUDICATURE AT ALLAHABAD) STATE OF U.P & ORS Petitioner(s) VERSUS M/S MUSKAN TRADERS Respondent(s) I.A.1 (With appln(s) for c/delay in filing SLP and office report) WITH S.L.P.(C)...CC NO. 7395 of 2014 I.A.1 (With appln(s) for c/delay in filing SLP and office report) Date: 07/05/2014 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN HON'BLE MR. JUSTICE VIKRAMAJIT SEN For Petitioner(s) Mr. Gaurav Bhatia,AAG Mr. Abhishek Chaudhary,Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Interim order, as already granted by this Court in SLP(C)NO.11367/2007 on 29.10.2013 shall apply in the instant case, which is extracted below:- "1) The State shall be free to recover transit fee for forest produce removed from within the State 1 of U.P. at the rate stipulated in the 3rd amendment to the Rules mentioned in the earlier part of this order. 2) Any such recovery shall remain subject to the ultimate outcome of present petitions pending in this Court. 3) In the event of writ petitioners/private parties succeeding in their cases, the amount deposited/recovered from them shall be refunded to them with interest at the rate of 9% p.a. from the date the deposit was made till actual refund. 4) The State shall maintain accurate amount of recovery made and the nature and the quantum/quantity of the produce removed by the private parties concerned. 5) Even in the 2nd batch of cases arising out of Writ Petition No. 975 of 2004 whereby the High Court has struck down the 4th and 5th amendment to the Rules, the State shall be free to make recoveries in terms of the 3rd amendment in regard to the forest produce removed from within the State of U.P. The operation of the orders passed by the High Court shall to that extent remain stayed. 6) This modification shall not apply to exempted goods or industrial by products like Klinker and fly ash."

Tag with SLP(C)NO.11367/2007.

(Narendra Prasad) (Renuka Sadana) Court Master Court Master

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