RANCHI TIMBER TRADERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this batch of eight writ petitions the vires of the Bihar Rules for the Establishment of Saw Pits and Establishment and Regulation of Depots, 1983 (1983 Rules) has been challenged. They have been heard together and are being disposed of by this judgment.

(2.) On 18th of January 1983, the Governor of Bihar in exercise of the power conferred by Sections 41, 42 and 76 of the Forest Act, 1927 (the Forest Act, framed 1983 Rules). By these rules establishment and running a saw pit or depot without previous obtaining the licence in proper form under 1983 Rules is prohibited. With regard to the detail provisions of 1983 Rules, I will refer the same as and when necessary. A public notice was given by the Chief Conservator of Forest, Bihar to the effect that in view of 1983 Rules, all owners of sawpits and depots were required to obtain licence by 28-2-1983 and on and from 1-3-1983 if any unlicensed sawpit or depot was found, action would be taken for the same. Divisional Forest Officer of different divisions also gave notice to the owners of sawpits and depots by enclosing copies of 1983 Rules. The petitioners are sawmill owners and timber depot owners.

(3.) The vires of 1983 Rules was challenged on two grounds: