WOODEN FURNITURE WORKS Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) The forests in India are dwindling. An aerial survey by Indian Space Research Organisation in 1974 found many of the Reserve Forests sans trees. The Satellite photographs showed tree growth in 1.5 million hectares was lost every year. The establishment while it prescribed 33 per cent of the land is to be covered by green belt, curiously the records showed only 23 per cent of the land was covered by forests. On physical verification in 1975 forests were found in less than eleven per cent of the total land. The situation discovered was rather alarming. Then followed an intense activity to preserve trees. Simultaneously strenuous effort was made to stop illicit felling of trees. In Andhra Pradesh there is no "Chipko" movement. Effort however is made to streamline the statutes to preserve trees. In this regard on May 23, 1985 by G.O.Ms. No. 234 Andhra Pradesh Saw Mill Regulations of 1969 were radically amended. The above case in this Court relates to vires of the amended 1969 regulations.

(2.) The regulations divide the saw mills in three categories from the stand-point of location of forests. Saw mills located within five kilometres from forests are classified in one category. The second category are the saw mills located beyond five kilometres. The third are those located 35 Kms. away from forests.

(3.) The 1969 Regulations are thirteen in number. They cover all aspects including as to how a licence is obtained. When a saw-mill licence can be cancelled. The regulations speak of remedies that are available to millers when they are adversely affected. Regulation 4 spells out the procedure how a saw-mill can be established. The consequences are set out in the Regulation if applications are not processed in time by the forest department. Under sub-cl. (3) of Regulation 4 deposit of Rs. 10,000/- is made compulsory for the mills that are located within five kilometres from a forest. Regulation 5 provides how a licence is renewed. Regulation 6 provides how registers are maintained. Regulation 7 creates a right of entry in favour of forest officials to inspect the mill premises. Regulation 8 prescribes a fee of Rs. 500/- for according a licence. Regulation 9 covers revocation of licences, seizure, confiscation of mills. Regulation 10 recites, reasons are to be disclosed in an order when a licence is revoked. Regulation 11 provides departmental appeals. Regulation 12 deals with the supply of energy. What mills are exempted is recited in Regulation 13. These Regulations were unsuccessfully assailed in a group of writ petitions by the millers. Hence appeals.