BHARAT TIMBER CO. Vs. CONSERVATOR OF FORESTS

JUDGEMENT

(1.) THE petitioner -Jayantilal Patel being the managing partner of M/s. Bharat Timber Co. (petitioner No.1) a registered firm has called in question the Annexure -13 & 14 wherein his prayer for renewal of the licence was refused.

(2.) IT is the case of the petitioners that M/s. Bharat Timber Co., a saw mill, was established in the year 1962 in the municipal area of Balasore Municipality. It continued its saw mill business having license No.21 according to the existing rule, i.e., the Orissa Saw Mill and Saw Pit (Control) Rules, 1980 till 30.4.1993. Subsequently, the petitioners were granted saw mill license bearing No. 9/94 according to the enactment in the Orissa Saw Mill and Saw Pits (Control) Act, 1991 (hereinafter referred to as "the Act, 1991") which was valid up to 4.5.2004. The license granted to the petitioners was continuously renewed form 1962 to 2004. Previously, the Balasore Municipality area was under the Divisional Forest Officer, Baripada Division and the same was bifurcated, for which the petitioners mill came under the jurisdiction of the Divisional Forest Officer (W.L.,Balasore Division) as per Annexure -6 dated 27.11.2003. Thereafter the petitioners applied in Form -B (Annexure -7) on 30.3.2004 seeking renewal of the license which was due to expire on 4.5.2004. On receipt of the application, the opp.party No.2 sent a query (Annexure -8) to the Tahasildar, Balasore for providing situation and location of the saw mill vide letter dated 1.7.2004. In the meantime, the State of Orissa had already filed an affidavit under Annexure -1 before the Apex Court in T.N. Godavarman v. Union India, AIR 1997 SC 1228, that the petitionerssaw mill is beyond the radius of 10 kms form the forest area, to be more specific, 20 kms. away as per Annexure -1 at Sl. No.84. The reply (Annexure -9) received by opp.party No.2 form the Tahasildar specifying the location of the saw mill to beyond 10 Kms radius form the forest area as defined in Section 2 (b) of the Act. The opp.party No.2 again threw a further query (Annexury -10) to which reply (Annexure -11) was received form the Tahasildar mentioning therein that the petitioners saw mill is located beyond 10 kms form any forest land/area as per the sketch map and it does not find place in the DLC list along with the map. Thereafter on 9.9.2004, the petitioners apprised under Annexure -12 to the licensing authority (O.P.2) regarding his case, but the same was turned down refusing renewal on the ground that the mill is located within 10 kms radius form the village forest in villages Begunia, Kasimila, Balia and Samalpur. While doing so, the opp.party No.2 directed to stop further activities of the said mill. An appeal was carried to the appellate authority under Section 12 of the Act and the same was remanded to the opp.party No.2 vide Annexure -14 to find out the distance of 10 kms radius form the boundary of the Reserve Forest, protected forest or any forest area by adopting a standard methodology. Thereafter the petitioners have approached this Court seeking direction for quashing Annexures -13 and 14.

(3.) THE opp.party No.2 appeared and averred branding Annexure -11, i.e., letter dated 8.9.2004 of the Tahasildar, Balasore, to be erroneous one. The stand taken by opp.party No.2 is that in Annexure -7 (Annexure -7 = Annexure A/2) the petitioners have shown the location of the saw mill at Mouza -Srikanthapur under Khata No.217, plot Nos.573, 574 and 575 seeking renewal. But in the report (Annexure -11), the location of the saw mill as shown by the Tahasildar to be at village Baga Brundaban on plot No.5, khata No.683/487/38 is a different village and plot. Therefore, the plea of distance of the mill beyond 10 kms form any forest is erroneous one. It has been specifically averred that the petitioners mill is located within 4 kms radius form village forest of Balia, Samalpur, etc. as per Annexure -B/2 (according to the standard methodology adopted by opp.party No.2 vide Annexure -E/2) and the mill is only at a distance of 9.5 kms form Chandipur reserve forest, Balasore. The opp.party No.2 has also relied on the map under Annexure -C/2 (same as the map under Annexure -11). With the above averments, the opp.party No.2 has prayed to dismiss the writ application.