ORDER : Arijit Pasayat, J. Taken on Board. 2. Issue notice to respondents. 3. Copy of the application has also been given to learned Amicus curiae who may also examine the matter. 4. Adjourned, to be listed on the next date when this Bench assembles. 5. Having heard learned counsel, in respect of order dated 15th January, 1998, we accept the recommendation of CEC dated 29th August, 2003 which is in the following terms : "The CEC, therefore, recommends that I.A.No.458 may be disposed off with the clarification that the Custom Department and the Border Security Force are at liberty to take appropriate action under the provisions of the Custom Act, 1962 for confiscation and disposal of the timber and timber products and recovery of fines/penalties in all the States/UTs except North- Eastern States (Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura). However, such confiscated timber and timber products should be disposed off through open auction/sealed tender through the respective State Forest Department and the sale proceeds, after deducting the expenses, should be deposited with the concerned Central Government Department." 6. In addition, we direct that before auction/tender, reserved price must be fixed. 7. We have heard learned counsel and perused the order dated 18th August, 2003 as also the resolution of the Government of Bihar, Department of Environment and Forest, dated 13th November, 2003. Sub-clause (b) of Clause (6) of Para 4(B) of Resolution No. 418-E, dated 8th July, 2002 reads as under : "(b) The seniority of sawmills falling under Section 5(b) of the Bihar Saw mills (Regulation) Act, 1990 shall be determined on the basis of their date of registration in the Industries Department. Under this rule only those saw mills shall come who were operational prior to coming into force of the Act and who have applied for license within 30 days from the date of implementation of the Act i.e. 1.5.90 and license has been granted to them." 8. It is implicit that the aforesaid date would, in fact, be the date when the Rules came into operation as the application for grant of license could be filed within thirty days therefrom. This would be kept in view while determining seniority in terms of the order dated 18th August, 2003. 9.
It is implicit that the aforesaid date would, in fact, be the date when the Rules came into operation as the application for grant of license could be filed within thirty days therefrom. This would be kept in view while determining seniority in terms of the order dated 18th August, 2003. 9. A copy of the affidavit filed by the State of Orissa shall be handed over to learned Amicus Curiae who shall have the same examined by CEC and file response thereto. The parties are permitted to give their suggestions, if any, in respect of the area beyond 10 Kms. from the forest to the State Government as also to CEC. Those suggestions shall also be examined and necessary responses filed. 10. Let the CEC send its recommendation in respect of the prayer made in the application. 11. The CEC shall examine this application and file its recommendation. 12. None appears for the applicants. The I.As. are dismissed. 13. Learned counsel seeks leave the withdraw the applications. However, Mr. Lalit, learned Amicus curiae, submits that there is something serious about which HPC would like to place a report before this Court. Let that report be filed within four weeks. 14. List the I.As. thereafter. 15. These applications be taken up along with I.A.No.1126 on the next date when this Bench assembles.