STATE OF MAHARASHTRA Vs. FURNISCAPE INDIA PRIVATE LIMITED

JUDGEMENT

(1.) Leave granted. Counsel appearing for the State of Maharashtra submits that the impugned order of the Division Bench dated 23.12.1999 goes contrary to the orders passed by this Court on 4/3/1997 and on 14/7/2003 by which unlicensed saw mills were directed to be closed down. Learned Counsel appearing for the State of Maharashtra submitted that earlier the stand of the State was that, no license under the Bombay Forest Rules was required, for the purpose of conducting Respondents saw mills, but that contention was negatived by this Court. Apprehending that the inaction of officer would violate the order passed by this Court, steps were taken by the officer to seize the following machinery (1) circular saw, (2) had bar cutting circular saw machine, blade, and (3) Band saw.

(2.) The action of the officer was challenged by the Respondent before the Bombay High Court in W.P. No. 6086/1999 which was disposed of by the Bombay High Court on 23/12/1999 directing the Respondent herein to file an undertaking. Undertaking was filed which was accepted by the High Court. Noticing that many important aspects were not considered by the Division Bench a review petition was filed by the State with a petition for condonation of delay. The review petition was dismissed by the High Court on 14/8/ 2006, so also the delay petition.

(3.) Considering the entire facts and circumstance of the case and noticing the contention raised by the counsel appearing for the State that the order dated 23/12/2009 passed by the High Court may go against the order passed by this Court on 14.7.2003, we consider it appropriate to direct the High Court to examine the review petition filed by the State on merits. The High Court would also examine as to whether any licence is required under the Bombay Forest Rules, apart from the industrial licences. The matter is therefore sent back to the High Court to consider review petition on merits. The order passed by the High Court on 14.8.2006 in the Review Petition is set aside and the delay in filing the Review Petition is condoned. The High Court is requested to consider the Review Petition afresh on merits and in accordance with law, preferably within four months from today. The appeals are disposed of as above.