DIWAKAR VISHWAKARMA Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner as well as the learned Standing Counsel representing the respondents, who has put in appearance on advance notice.

(2.) THE petitioner had moved an application praying for the grant of a licence to run his saw mill using three horse power motor. THE aforesaid application was rejected by the Prabhagiya Vanadhikari, Van Prabhag, Ambedkar Nagar vide his order dated 5-9-2002. A perusal of the aforesaid order indicates that the Licensing Authority was of the view that it was not permissible to grant any licence, as prayed, in view of the directions issued by Hon'ble the Apex Court.

(3.) SUBSEQUENTLY, however, the State Government had amended the Rules, permitting the running of a specified category of saw mills without any licence. The Rule which so provided for deemed licences had come up for consideration before Hon'ble the Supreme Court in the case of T. N. Gadavarman Thirumalpad v. Union of India and others, 2002 (4) SCALE page 419. In its aforesaid decision the Apex Court had quashed the said amendment and had observed that as a result of the order passed each and every saw mill running in the State of Uttar Pradesh would require a licence whether saw mill in running with the aid of power of otherwise.