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2005 DIGILAW 387 (JHR)

Chotanagpur Wood Products v. State Of Jharkhand

2005-05-19

M.Y.EQBAL

body2005
JUDGMENT M.Y. Eqbal, J. 1. In this writ petition, petitioner has prayed for quashing the order dated 3.1.2004 passed by Conservator of Forest being the appellate authority in Appeal No. 3/2003 whereby he has confirmed the order dated 30.7.2003 passed by the Licensing Authority-Cum-Divisional Forest Officer, Gumla Forest Division by which the Saw Mill licence of the petitioner has been suspended. Petitioner has also challenged the order as contained in letter dated 28.10.2000 issued by the Secretary, Govt. of erstwhile State of Bihar to Principal Chief Conservator of Forests whereby he has directed that Saw Mills, Veneer Mills, Plywood Mills and other timber based industry should not be allowed to function within 5 Km. from the Notified Forest Area. Petitioner has also prayed for quashing the various letters time to time issued by the authorities of the respondents. 2. Petitioners case is that it established a Saw Mill in January, 1996 having licence No. 24 dated 18.1.1996. The said licence was being renewed every year and last renewal was valid upto 31.12.2003. In 2001, respondent No. 5-Licensing Authority issued a letter dated 11.4.2001 to the petitioner mentioning that the distance of Saw Mills, Veneer Mills, Plywood Mills etc. from the Notified Forest Area has been determined to be 5 Km. and the petitioners Saw Mill is situated only 3 Km. from the Notified Forest Area. By the said letter, petitioner was asked to file a representation within a month if it wishes to shift/transfer its Saw Mill and it was further asked to inform the office about the present stock in its Mill and to stop receipt of forest produce in its Saw Mill till decision is taken in the matter. Petitioner said to have filed representations and requested the authority to allow the petitioners Saw Mill to remain situated in the existing area. 3. Petitioners further case is that without giving any notice all of a sudden vide letter dated 20.5.2003 issued by respondent No. 5-Licensing Authority reduced the earlier licence granted to the petitioner. Thereafter vide letter dated 30.7.2003, Saw Mill licence of the petitioner was suspended with immediate effect. Aggrieved by the said decision of the Licensing Authority, petitioner preferred appeal before the Conservator of Forest and after hearing the parties he has affirmed the order passed by Licensing Authority. 4. Thereafter vide letter dated 30.7.2003, Saw Mill licence of the petitioner was suspended with immediate effect. Aggrieved by the said decision of the Licensing Authority, petitioner preferred appeal before the Conservator of Forest and after hearing the parties he has affirmed the order passed by Licensing Authority. 4. A counter affidavit has been filed by respondent No. 5 wherein it is stated that Saw Mill of the petitioner lies within 5 Km. from the Notified Forest Area. By letter dated 20.5.2003 petitioner was reminded to shift its Saw Mill by 10.7.2003 but petitioner did not comply the order. It is contended that by letter dated 23.4.2001 petitioner had promised to shift its Saw Mill beyond 5 Km. from the Notified Forest Area but did not comply its promise. The respondents said to have sent several reminders directing the petitioner to shift his Saw Mill as per his promise, but he did not abide by the direction. 5. I have heard Mr. Binod Poddar, learned counsel for the petitioner and, the learned counsel appearing for the State. 6. From perusal of the order passed by the Conservator of Forest being the appellate authority, it transpires that he has not fully appreciated the ratio decided by this Court in the case of M/s. L.B.R. Industries and other analogous cases, a copy of which has been annexed as Annexure-18 to the writ petition. The matter needs reconsideration by the appellate authority. 7. I, therefore, without expressing any opinion at this stage, remit the matter to the appellate authority to reconsider the entire aspect of the case and take a decision by passing a reasoned order in the light of the decision of this Court in the case referred to herein above. 8. This writ petition stands disposed of with the aforesaid directions.