SANT RAM MANGAT RAM Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS order will dispose of five writ petitions (Civil Writs Nos. 2240, 2242, 2287, 2368 and 2369 of 1964)

(2.) THERE is a quality of grass growing in Himachal and Punjab States known as bhabbar grass which is now widely used for the manufacture of papers. Shree gopal Paper Mills, Yamunagar, which is the only paper mill in the State of Punjab, used this grass to a great extent besides other raw material. For the purposes of acquiring this raw materials the mill owns vast tracts of land and have taken other tracts of forests of land and have taken other tracts of forests from Government or from private persons on lease. In addition, the mill also purchases bhabbar grass form private persons. Prior to 1963 there was no prohibition or restriction imposed upon the producers of grass or lessees of the grass land to export his grass outside the State to other paper mills in others States of India. However, on 23rd of August, 1963 the State Government issued a notification (copy of which in annexure 'a' to this petition ) whereby it was provided as under :--

(3.) THIS order was challenged by some of the petitioners who have filed these petitions in this Court, vide inter alia Civil Writs No. 1839 and 2008 of 1963. During the pendency of those writ petitions the State Government found a via media and agreed to issue export permits to the firms who has filed the writ petitions and to others on an equitable basis. The writ petitions were consequently withdrawn and the petitioners in the first three writ petitions mentioned above along with some others were issued permits for certain quantities. IT has been stated on behalf of the State that in order to provide guidance to the District industries Officers, the Divisional Forest Officers and the other officers empowered to grant permits, departmental instructions were issued according to which permits could be granted to a person only satisfying the officers concerned about tow matters :--