Madhya Pradesh High Court
Administrative and Public LawCivil Law

Coal remained subject to the unrepealed ₹57-per-ton transit-fee notification.

M/S Hindalco Industries Limited Through Its Vice President And Head vs The State Of Madhya Pradesh

Madhya Pradesh High CourtJUDGMENT: September 29, 20262 MIN READSOURCE JUDGMENT
Coal remained subject to the unrepealed ₹57-per-ton transit-fee notification.. M/S Hindalco Industries Limited Through Its Vice President And Head vs The State Of Madhya Pradesh. Madhya Pradesh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Hindalco transports coal from outside Madhya Pradesh for use at its aluminium plant and captive power plant, obtaining transit or foreign passes under the Madhya Pradesh Transit (Forest Produce) Rules, 2000.

Source reference: para. 2–5

A notification dated 5 March 2020 prescribed a fee of ₹57 per ton for coal.

Source reference: para. 2–5

The State later demanded transit fees calculated at ₹400 per truck, relying on notifications dated 13 May 2021 and 30 July 2021.

Source reference: para. 2–5

Hindalco challenged the demands, contending that the 2020 coal-specific rate remained in force, and sought refund or adjustment of the excess fees paid under protest.

Source reference: para. 2–5
02

Issues

1. Whether the notification dated 30 July 2021, prescribing transit-pass fees for forest produce but excluding minerals, displaced the coal-specific rate prescribed by the notification dated 5 March 2020.

Source reference: para. 6–8

2. Whether the State could recover transit-pass fees for coal at ₹400 per truck despite the ₹57-per-ton rate prescribed in the 2020 notification.

Source reference: para. 7–9
03

Law Applied

The Madhya Pradesh Transit (Forest Produce) Rules, 2000, particularly Rule 5, provide the basis for prescribing fees for transit passes by notification.

Source reference: para. 5

The State also relied on Rule 18, although the Court did not identify it as the basis for its conclusion.

Source reference: para. 5

The notification dated 5 March 2020 specifically prescribed a fee of ₹57 per ton for coal.

Source reference: para. 6–7

The notification dated 30 July 2021 prescribed rates for forest produce “except minerals” and expressly superseded the notifications dated 4 October 2010 and 13 May 2021; it did not supersede the coal-specific notification dated 5 March 2020.

Source reference: para. 6–7
04

Reasoning

The Court found that coal had been separately identified and assigned a specific transit-pass fee by the 5 March 2020 notification, which remained in force.

Source reference: para. 6–8

The 30 July 2021 notification excluded minerals and superseded only the 2010 and 13 May 2021 notifications; it did not cancel or replace the 2020 coal-specific rate.

Source reference: para. 6–8

Since the demands concerned a period after the 2020 notification took effect, the State could not apply the ₹400-per-truck rate to coal, and recovery at that rate was impermissible.

Source reference: para. 6–8
05

Holding

The Court set aside the impugned demand orders and directed the respondents to refund or adjust the transit-pass fees paid by Hindalco, with the exercise to be completed within 90 days of production of a certified copy of the order.

The petition was allowed and disposed of.

Source reference: para. 9–11
Madhya Pradesh High Court

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M/S Hindalco Industries Limited Through Its Vice President And HeadvsThe State Of Madhya Pradesh

Madhya Pradesh High Court · September 29, 2026

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