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Ntpc Limited Through Rama Krishna ... vs The State Of Jharkhand Through ... on 10 January, 2022 cites

Ms Eastern Coalfields Limited Through ... vs The State Of Jharkhand And Ors on 19 May, 2015

The average charge towards transit permit fee while taking into consideration the coal produced form forest land will come to about 40% of the total produced coal based on the period for which coal block has been allocated and the available coal reserve. The petitioner- company was initially paying the coal transit fee amounting to Rs.2,11,00000/- based on the consideration that forest land would come to about 40%. Under the aforesaid factual background, the issuance of the impugned letter -3- dated 23.12.2020 by the respondent no. 3 observing inter alia that the transit permit fee would be levied to the petitioner on the entire (100%) quantum of coal excavated and transported from the concerned coal mine, is illegal and arbitrary. It is also submitted that this Court while entertaining similar writ petitions being W.P.(C) No. 3505 of 2020 (Eastern Coalfields Limited Vs. The State of Jharkhand & Ors.) with W.P.(C) No. 3529 of 2020 (Eastern Coalfields Limited Vs. The State of Jharkhand & Ors.), vide order dated 15.12.2020, has passed interim order directing the respondent authorities not to take coercive action against the petitioners of the said writ petitions for transportation of coal from their respective mines.
Jharkhand High Court Cites 1 - Cited by 4 - S Chandrashekhar - Full Document

State Of Uttarakhand And Others ... vs M/S Badesha Stone Crusher on 15 March, 2019

4. Learned counsel for the petitioner submits that the respondent no. 3 while issuing the impugned letter dated 23.12.2020 has not properly interpreted the judgment of Hon'ble Supreme Court rendered in Civil Appeal No. 14874/2017 (State of Uttarakhand & Ors. Vs. Kumaon Stone Crusher) reported in (2018) 14 SCC 537. Though as per the said judgment of the Hon'ble Supreme Court, "coal" is a forest produce, yet for taking the transit permit, transportation of the same has to originate from forest area within the State or outside the State. The Joint Secretary, Department of Forest, Environment and Climate Change, Government of Jharkhand, in letter no. 3145 dated 13th October, 2020 has though referred paragraph nos. 215.1(b) [mentioned as paragraph no. 221(1)(b)], but has perhaps overlooked paragraph no. 215.3 of the said judgment, wherein the Hon'ble supreme Court has concluded as under:
Uttarakhand High Court Cites 4 - Cited by 70 - N S Dhanik - Full Document
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