DILIP MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking following reliefs:-

(2.) Learned counsel for the petitioner submit that pursuant to the guideline issued in the case of T.N. Godavarman Thirumulpad vs. Union of India and Ors. in WPC No. 202/98, initially a notification was made by the Expert Committee and thereafter by the State Government which had fixed the aerial distance of 10 kms and within the periphery of forest, the operation of the Wood Based Industries have been prohibited. It is contended that pursuant thereto the show cause notice was issued by the State on 27/10/2021 to the petitioner. It is further contended that as per the guideline issued by the Ministry of Environment and Forest and Climate Change (hereinafter referred to as 'MoEFCC'), the restriction on location of wood based industries as per clause-7(ii), the 10 kms of aerial distance from the boundary of nearest notified forests and protected areas was notified. It is stated that as per the Hon'ble Supreme Court's guideline, it was for the SLC who should have decided the optimum distance on which such restriction can be placed. Since the notice is served with decision already arrived at hearing would be a mere formality. As such, the notification of the Union of India dtd. 11/11/2016 (Annexure P/1) and the consequential notification dtd. 13/8/2021 (Annexure P/2) and the show cause notice dtd. 27/10/2021 and letter dtd. 17/11/2021 (Annexure P/3) be quashed as it is against the Hon'ble Supreme Court guideline and is issued arbitrarily.

(3.) Per contra, learned State counsel oppose the argument and would submit that the directions have been issued pursuant to the order passed by the Hon'ble Supreme Court on 5/10/2015 and as per the guideline, the MoEF is authorised to issue the appropriate guideline to decide the distance for establishing a Wood Based Industry near a forest. It is submitted that further the order purport that the person aggrieved by the decision taken by the SLC may filed an appeal before the MoEFCC seeking appropriate relief and thereafter may approach the concerned Court, therefore this petition against show cause notice would not be maintainable.