Dismissed
The Delhi Flour Mills Co. Ltd. v. Govt. of N.C.T of Delhi and Ors.
Delhi HCW.P.(C)/1113/2018
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HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)…
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THE DELHI FLOUR MILLS CO. LTD. ..... Petitioner
Through: Mr S. Khan and Mr Gurpratap Singh, Advocates.
versus
GOVT. OF N.C.T OF DELHI AND ORS. ..... Respondents Through: Mr Ramesh Singh, Standing Counsel for GNCTD with Mr Sandeepan Pathak and Mr C. Jain, Advocates for GNCTD. Mr Nikhil Goel and Mr Aniruddha Deshmukh, Advocate for SDMC.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R
% 06.02.2018
CM No.4660/2018
W.P.(C) 1113/2018 & CM No.4659/2018
under:-
b) Direct the Respondents to grant exemption from imposition of ECC upon the trucks carrying wheat products such as Suji, Maida and Rava and entering into Delhi.” 3. The petitioner is essentially aggrieved by the levy of Environment Compensation Charge (ECC) on vehicles carrying Atta, Suji, Maida and Rava. By virtue of the order dated 09.10.2015 passed by the Supreme Court in Interlocutory Application no.365/2015 in Interlocutory Application no.345/2015 in Writ Petition (Civil) No. 13029/1985 titled M.C. Mehta v. Union of India & Ors. , the Supreme Court had directed Government of NCT of Delhi (GNCTD) to issue a notification exempting vehicles carrying “ essential commodities, that is, foodstuffs and oil tankers ” from levy of ECC. He states that pursuant to the said direction, the Government of NCT had issued a notification dated 15.02.2016 whereby it is clarified that “ vehicles carrying raw vegetables, fruits, grains, milk, egg, ice that is to be used as food item and tankers carrying petroleum products ” would be exempt from levy of ECC. According to the petitioner the said items - Atta, Suji, Madia and Rava - are “foodstuffs” and thus exempt from ECC by virtue of the Supreme Court’s order dated 09.10.2015.
appropriate steps.
VIBHU BAKHRU, J
FEBRUARY 06, 2018 MK
Colour shows how this judgement treated each authority
THE DELHI FLOUR MILLS CO. LTD.
GOVT. OF N.C.T OF DELHI
VIBHU BAKHRU
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
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