AFRSUBHAI MULJIBHAI GOKLANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Pujari, learned AGP waives service of notice of Rule for the respondents. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard today.

(2.) THE short facts of the case appear to be that the State Government vide Resolution dated 13. 12. 2004 in purported exercise of the powers under Indian Forest Act (hereinafter referred to as the 'act') read with the Bombay Forest Rules, 1942 (hereinafter referred to as the 'rules') had resolved that the permission for cutting Gandabaval (hereinafter referred to as 'babul Trees' for the sake of convenience) shall not be required for manufacturing of the product charcoal if the trees are grown over the land other than protected or reserved forest. In the said Resolution, it was expressly provided in para 4 that if the land is belonging to Government Forest land or private land or Panchayat land since the same is not touching the forest land, the Forest Department had not to undertake any activity. It appears that thereafter on 6. 5. 2008, the State Government passed another resolution, more particularly for Kutch District, whereby it is resolved for controlling the transportation of the wood of the Babul Trees or manufactured charcoal therefrom by issuance of the transit pass and in the said resolution it is also provided that the permission is not required if the trees are cut from the private land. However, it appears that the State Government passed the said resolution to control the transportation of the wood and charcoal of the babul trees by imposing the requirement of transit pass for transportation of such wood of babul trees or the charcoal made therefrom. It also appears that the representations were made before the State Government by the association of manufacturers of charcoal and other persons for grant of relaxation in the resolution dated 6. 5. 2008 contending, inter alia, that the charcoal if already manufactured prior to 6. 5. 2008 should be allowed to be transported. The State Government in response to the said representations, passed another resolution dated 6. 6. 2008 whereby it was resolved to grant permission in cases of the charcoal already manufactured prior to 6. 5. 2008 for a period of 15 days, but with specific condition that charcoal shall not be exported outside Kutch District and shall be sold only to Gujarat State Forest Development Corporation Limited (hereinafter referred to as 'forest Corporation' or 'corporation' ). Some of the petitioners in the present group did apply to the Forest Authorities for issuance of transit pass. However, the same has been declined on the ground that they may sell it to the Corporation as per the Government Resolution dated 6. 6. 2008. It is under these circumstances all these petitioners have approached this Court by the present petitions.

(3.) HEARD the learned Counsel appearing for the petitioners and Mr. Pujari, learned AGP appearing for the respondent authorities in all the petitions.