DAYAL SINGH Vs. STATE

JUDGEMENT

(1.) The order in this petition shall also govern the disposal of Miscellaneous Petition No. 278 of 1986 (Jogendra Lal Wadhawa and 2 others v. State of M.P. and 6 others), Miscellaneous Petition No. 324 of 1986 (Syed Barkat Ali and another v. State of M.P. and 6 others) and Miscellaneous Petition No. 2381 of 1986 (Pritpal Singh and 25 others v. State of M.P. and 2 others) as they raise a common question of law for decision.

(2.) All the petitioners are dealers in charcoal. They have brought the charcoal under valid transit passes from the forest area and have stacked the same at different places for transport outside the State of Madhya Pradesh by rail. Petitioners in Miscellaneous Petition No. 324 of 1986 alone are purchasers of charcoal from those traders who have transported it from the forest. All the petitioners had been transporting charcoal outside the State of Madhya Pradesh through Railway wagons. By order dt. 7-9-1981, the Government issued an order to the Chief Conservator of Forests (Production), on the basis of a Cabinet decision taken on 10-5-1981, creating a complete ban on movement of fire wood purchased in auction from the forest department to place outside the State of Madhya Pradesh. It was contemplated that the concerned officers should at the time of auction of fire wood notify such a condition. Accordingly the Railway authorities were intimated not to allot wagons for transport of fire wood outside the State without "no objection certificate" by an authorised officer. This order of the State Government was communicated to all the Conservators of Forests. By order No. 557/10/3/82, dated 24-2-1982, the State Government also imposed a similar ban on transport of coal purchased from the forest department outside the State of M.P. The Railway authorities were also informed and directed not to allot wagons for transport of coal outside the State of M.P. Certain persons aggrieved by the ban so created in respect of transport of fire wood outside the State of Madhya Pradesh after 31st Dec., 1981, questioned this restriction as illegal and offending their fundamental right under Art.19(1)(g) of the Constitution as also offending their right of inter-State trade under Art.301 of the Constitution before this Court through a writ petition which was registered as Misc. Petn. No. 5 of 1981. The decision in that petition was rendered on 15-3-1982. It was held :

(3.) It appears that because of this decision not only the fuel wood but also charcoal was permitted to be transported outside the State of Madhya Pradesh. It may, however, be noticed that even prior to the delivery of judgement by this Court, the Chief Conservator of Forests after receiving the Government's order dated. 17th Sept., 1981, issued directions to the Conservators of Forests by its letter dated 31st Oct., 1981 that it be made a necessary condition of auction that the fuel wood shall not be permitted to be taken outside the State of Madhya Pradesh. The Railway authorities were also directed to be informed. Then by another order dt. 3-2-1982 when the State Government notified its intention to create a similar ban on transport of charcoal, the Chief Conservator of Forests directed the Conservators of Forests to include a similar condition of auction in respect of coal also. It, however, appears that in spite of it, coal purchased from forest department in public auction was permitted to be transported outside the State of Madhya Pradesh, either because the condition banning transport of charcoal outside the State of Madhya Pradesh was not incorporated as condition of auction sale or because no heed was paid to this restriction. However, now the Railway authorities have refused to accept the indents for wagons to transport charcoal outside the State of Madhya Pradesh. The petitioners in all these petitions have been prohibited to transport charcoal outside the State of Madhya Pradesh and Railway authorities have refused to allot wagons for that purpose. The claim is that the action of the Railway authorities and the forest department in restraining transport of charcoal outside the State of Madhya Pradesh is illegal and unauthorised.