BALLARPUR INDUSTRIES LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner in both these petitions is Ballapur Industries Ltd., a Company duly established and incorporated under the Companies Act, 1913, having its registered office at Ballarpur, District Chandrapur. It is engaged in the business of manufacturing pulp, paper, paper board and other paper products in the industry set up sometime in the year 1947. The industrial bamboo cut is the raw material which is used in the process of manufacturing. Since 1947, there has been an agreement entered into between the State Government and the petitioner-Company to harvest bamboo from the forest area on payment of royalty as per the agreement. The first agreement was dated 31-7-1947 with the then Government of the Central Provinces and Berar, and after 1960 with the State Government. The second agreement was entered into on 10-12-1962 for the period from 14-11-1962 to 30-6-1991.

(2.) The agreement with which these two petitions pertain, was entered into on 11-3-2004 for a period of ten years, commencing from 1-10-2004 and ending on 30-9-2014. It was for supply of 1,81,540 metric tonnes of bamboo from the Government forest areas in the Gadchiroli and Chandrapur districts, specified in Schedules A and B to the agreement. Clauses (7)(a) and (b) of this agreement being relevant, are reproduced below :

(3.) Clause (2)(a) of the agreement defines "Bamboo" for the purposes of agreement as under :