- (1.) WE have heard Sri R.N. Singh assisted by Sri S.K. Chaturvedi for the petitioners. Learned Standing Counsel appears for the State -respondents.
(2.) THE petitioner is a Private Limited Company incorporated under the Companies Act, engaged in the business of infrastructure development and construction.
(3.) IT is stated that the petitioner has entered into Contract for widening the existing 2 lane portion from Km. 700 to km. 99.005, a section from Talbahat to Lalitpur (the entire stretch fall within the district of Lalitput), covering 49.305 km on National Highway No.26 (NH -26) in the State of U.P., to 4 lanes through a concession under North -South Corridor (NHDP Phase -I) on Build Operate and Transfer (BOT) on a annuity basis, and a Concession Agreement to that effect has been duly executed between the National Highways Authority of India with the petitioner on 26th September, 2006. In order to execute the works in the Contract, the petitioner is procuring and transporting raw materials like boulders, stones etc. from the queries situated at (i) plot no. 2/1 Khand 'J' area comprising of 6.37 acres, and (ii) plot no. 93/1E, Khand area 4.22 acres, both in the village Lakhanpur, Pargana Bansi, Tehsil Lalitpur, District Lalitpur, after payment of royalty, which is regulated in accordance with the U.P. Minor Minerals Concession Rules, 1963, framed by State of U.P. in exercise of the power under Section 15 of the Mines and Minerals (Regulations and Development) Act, 1957. The petitioners have challenged the imposition of levy of transit fee by the Forest Department on the transportation of the raw materials, under the U.P. Transport of Timber and other Forest Produce Rules -1978, made under Section 41(1)(c) of the Indian Forest Act, 1927; as amended by the 4th Amendment to the Rules in 1978 notified 13.12.2010; and the 5th amendment to the Rules of 1978, notified on 04.06.2011. It is submitted that the petitioner doe not transport the building materials like gitti, boulders either found in nor brought from the forest areas so notified or the forest as it is understood, and thus the Company is not liable to pay the transit fee on the transportation of gitti, boulders which are minor minerals.;