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Supreme Court of India 2017-09-15 partly_allowed

State of Uttarakhand and Ors vs Kumaon Stone Crusher and Ors

Bench: 2 — Ashok Bhushan

In Brief

This landmark case consolidates hundreds of appeals regarding transit fees levied by Uttar Pradesh, Uttarakhand, and Madhya Pradesh on forest produce and minerals. The Supreme Court held that stone chips, coal, limestone, and marble slabs remain forest produce despite processing. It rejected petitioners' claims that the Mines and Minerals Act overrides forest laws, finding both statutes operate in different fields. 'Brought from forest' means originated in forest, not merely passing through. Forest includes all statutorily recognized forests and government-recorded areas. The Court struck down Fourth and Fifth Amendment Rules increasing transit fees drastically or using ad-valorem basis, finding them confiscatory and revenue-raising (taxes, not regulatory fees). Madhya Pradesh's fees were upheld.

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Forest Law Administrative Law Constitutional Law - Federalism Tax Law Revenue Law Regulatory Fees Environmental Law Statutory Interpretation Legislative Competence

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