MAA DASABHUJA FURNITURE UNIT Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Office Order No. 9 dated 13-3-2002 (Annexure-3) passed by the Conservator of Forests, Berhampur Circle rejecting the petitioner's appeal for Saw Mill licence is under challenge in this writ petition.

(2.) Petitioner's Saw Mill was originally located at Andharua within Chandaka Wild Life Forest Division under licence No. 1 of 1992-93 granted under Rule 5 of the Orissa Forest Saw Pits and Saw Mill (Control) Rules 1980. The licence was renewed from time to time till 17-4-1995. Thereafter petitioner's application for further renewal of licence was rejected by the Divisional Forest Officer, Chandaka Wild Life Division on 17-6-1995 on the ground that the Saw Mill is situated within 10 K.Ms. radial distance of Bharatpur Reserve Forest of Chandaka-Damapara Wild Life Sanctuary. Petitioner preferred appeal before the Conservator of Forests (Wild Life), but the same was rejected by Memo No. 2790 dated 3-5-1997. Petitioner then moved the Conservator of Forests (Wild Life), Bhubaneswar to allow her to shift the Saw Mill and Furniture Unit to Mandarbasta and to grant a licence accordingly. The Conservator of Forests directed D.F.O., Puri Division to allow petitioner to shift the furniture unit to Mandarbasta. Petitioner then filed another application indicating that instead of Mandarbasta she wants to shift the unit to Motri in village Gadasanpur. When that application was under consideration, petitioner again filed an application on 18-2-1998 Annexure-1 before the D.F.O. to grant a licence for operation of Saw Mill/Furniture Unit on Plot No. 429, Khata No. 90 of Mauza Saradeipur (Uttara) with site plan and location map etc. Since no order was passed by the D.F.O., Puri Division, petitioner gave reminders to the D.F.O. and made representations to the Chief Conservator of Forests and Secretary, Department of Forest and Environment. In spite of all these reminders and representations when no action followed, then petitioner filed OJC No. 14812 of 1998 and this Court by order dated 5-11-1998 directed the D.F.O., Puri Division to take a decision on the application of the petitioner within two months. Pursuant to this order, the D.F.O.- opp. party No. 3 considered and rejected the application of the petitioner vide Memo No. 9425 dated 14-12-1998. Petitioner challenged the said order of rejection in OJC No. 18122 of 1998. The writ petition was disposed of on 30th June, 2000 directing the opp. party No. 3 to consider petitioner's application for Saw Mill licence in accordance with law and to take a final decision within two months from the date of communication of the order. Pursuant to that order, opp. party No. 3 reconsidered the matter and again rejected the prayer of the petitioner and communicated the order in letter No. 8960 dated 3-10-2000, Annexure-2. Being aggrieved by that order of rejection, petitioner again filed OJC No. 12145 of 2000, which was disposed of on 27-11-2000 directing petitioner to prefer appeal before the appellate authority-opp. party No. 2. Pursuant to the said order of this Court, petitioner preferred appeal before the opp. party No. 2 on 6-12-2000. The opp. party No.2 passed order in the appeal remanding the matter to the D.F.O., Puri Division with a direction to reconsider the application of petitioner dated 18-2-1998 afresh taking due note of the instruction issued by the Government. After such remand, petitioner approached the opp. party No. 3 for grant of licence, but the opp. party No. 3 rejected prayer vide Office Order No. 427/5F dated 10-8-2001 on the ground that the proposed site at Sardeipur (Uttara) is located within 10 K.Ms. radial distance from Kharija village forest and that the shifting of the saw mill of petitioner would not be in public interest. Aggrieved by such order, petitioner again filed appeal before the opp. party No. 2 on 24-8-2001. The appellate authority considered the appeal and rejected the same vide Office Order No. 9/3F - 2/2001 dated 13-3-2002, Annexure-3. Challenging such orders of rejection, petitioner has filed the present writ petition with a prayer to quash Annexure-3 and to issue a writ of mandamus directing the opp. party No. 3 to issue saw mill licence on her application dated 18-2-1998, Annexure-1.

(3.) Mr. S. K. Das, learned counsel for petitioner submitted that Ihe proposed site of the Saw Mill at Sardeipur (Uttara) is never within 10 K.Ms, radial distance from any reserved or village forest, but under a misconception opp.party Nos. 2 & 3 rejected the prayer of petitioner. He submitted that there is no village named Kharija and though the legal status of Plot No. 519 of Khata No. 209 and Plot No. 526 of Khata No. 109 has been described as Kharija village forest in Forest Department Notification No. 30230/F & E dated 19-12-1992, the Joint verification conducted over those plots revealed that the said area is under the flow of river Bhargabi and no forest is existing thereon. In support of his contention Mr. Das, relied on the true copy of the Memo No. 4038 dated 23-7-1997 issued by the Conservator of Forests, Annexure-5, true copy of joint verification report dated 7-5-2001 Annexure-6, true copy of letter of the Government of Orissa, Revenue and Excise Deptt. dated 6-6-1984, Annexure-7.