SARASWATI SAW MILL Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this group of petitioner, the proviso to Sub -Section (1) of Section 4 of the Orissa Saw Mills and Saw Pits (Control) Act, 1990 (for short 'the Act, and Rule 3(g)(i) of the Orissa Saw Mills and Saw Pits (Control) Rules, 199i hereinafter referred to as (the Rules)' are challenged as ultra vires Article 14 of the Constitution, if they are interpreted to mean that no saw mill or saw pit can be permitted to be established or operated within a reserved forest, protected forest or any forest area within 10 kilometres from the boundary of any such forest or forest area from the date the Act came into force. The petitioners also challenge the directions given by the Divisional Forest Officers that saw mills and saw pits within 10 kilometres of the forest area should not function and thM they should attend the office of the Divisional Forest Officers to give an undertaking as provided in the Rules and to comply with other formalities. In some of the petitions, where the applications of the petitioners for or licence have been rejected, or licences have been given only for a limited period, that action is also challenged.

(2.) AS a common question of law arises in all these petitions they were heard together and are disposed of by this common judgment.

(3.) THE Orissa Saw Mills and Saw Pits (Control) Act, 1990 came into force on 23 -3 -1992. It is an Act to provide for the regulation of establishment and operation of saw mills and was pits and trade of saving for the protection and conservation of forest and the environment and for matters incidental thereto or connected therewith. 'Forest area' is defined to mean 'all lands notified as forest under any law or administered as forest, whether State owned or private and whether wooded or maintained as a potential forest land'. Section 4 of the Act, which is material for our purpose, reads as under ; '4. Establishment and operation of, saw mill and saw pit. 1) On and after the appointed day, no person shall establish or operate a saw mill or saw pit except under the authority and subject to the conditions of a licence granted under this Act: Provided that no person shall establish or operate any saw mill or saw pit within a reserved forest, protected forest or any forest area within ten kilometres from the boundary of any such forest or forest area. (2) Notwithstanding anything contained in Sub -section (1) - (i) a saw mill or saw pit. established by the Orissa Forest Development Corporation Limited or by any other agency of the Government prior to the appointed day, may continue to be operated by such Corporation or agency, as the case may be, and in such a case, the Corporation or age cy, as the case may be, shall be deemed to be a licensee for the purpose of the Act; (ii) a saw mill saw pit other than one referred to in Clause (i) and established prior to the appointed day may continue to be operated and shall be deemed to be a saw mill or saw pit, as the case may be, licensed under this Act; (a) for a period of three months from the appointed day ; or (b) if an application made in accordance with Section 6 for a licence is pending on the expiry of the period specified in Clausea(a), till the disposal of such application under Sub -Section (2) of Section 7. ' Section 5 empowers the State Government to declare any area to be a prohibited area for such period as it deems fit. It further provides that during the period the area is declared to be a prohibited area, no new licence can be granted nor can the old licences be renewed and the saw mills or saw pits situated in that area shall cease to operate and keep their sawing operation closed. Section provides for making an application for licence and Section 7 provides for grant, renewal, revocation or suspension of licence. The other provisions of the Act are not relevant for our purpose.