Hon'ble B.S Verma, J. (Oral)
(Modification/Clarification Application No. 7668 of 2012)
Learned Standing Counsel for the respondent nos. 1 to 3 files counter affidavit on behalf of the respondent nos. 2 and 3. The same is taken on record. Delay condonation application accompanying the counter affidavit is disposed of accordingly.
The petitioner may file rejoinder affidavit within a period of 2 weeks.
Heard learned counsel for the parties on clarification/modification application.
Civil Misc. Application No. 7668 of 2012 has been filed by the petitioner with a prayer to clarify the order dated 20-6-2012 passed by this Court in the present writ petition and that the respondents may be restrained from levying the transit fees twice while lifting the boulders/RBM from the storage point to elsewhere in case the transit fees had already been paid by the petitioner.
By a perusal of the interim order dated 20-6-2012 passed by this Court on interim relief application No. 6004 of 2012, it shows that in view of the Division Bench judgment of this court dated 1-7-2004 passed in Writ Petition No. 1124 (M/B) of 2001, Kumaon Stone Crusher v. State of U.P, the respondents were restrained from realizing the transit fees twice, on which the petitioner had already paid the transit fee and it was directed that if the boulders are lifted from forest area, they may charge the transit fees.
The grievance of the petitioner was that the petitioner had already paid the transit fees when the minor minerals including the boulders were lifted from the forest area to the storage places, but again without any authority of law, the respondent no. 2 is demanding transit fees for shifting of the said material from storage point to elsewhere.
In view of the judgment of Division Bench of this Court dated 1-7-2004, passed in Writ Petition No. 1124 (M/S) of 2001, the transit fees cannot be charged twice. Therefore, if the petitioner had already paid transit fees when the boulders were lifted from the forest area to the storage places, in that event the respondents are directed not to charge transit fees, when the boulders are lifted from the storage point to elsewhere except the forest area.
The clarification/modification application is allowed and the order is modified accordingly.
List on 16-8-2012 and connect with WPMS No. 1088 of 2012.
A certified copy of this order be issued to the counsel for the petitioner by Monday (30-7-2012) on payment of usual charges.
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