NATIONAL PLY PRODUCT Vs. STATE

JUDGEMENT

(1.) THE eight petitioners before this court are plywood manufacturing units, The petitioner units are represented either by their respective Directors or by one of the partners of the firm that owns the unit. Each of the petitioner units is said to have been set -up prior to 12.12.1996; on that date, in an order passed in the case of T.N. Godavarman Thirumalpad, the Supreme Court had issued a number of important directions aimed to protect the countrys forests.

(2.) THE petitioners are aggrieved by and seek to challenge the notices, dated 12.8.2004 (Anenxure 12 series) by which the units are asked to shut down, failing which necessary steps would be taken against them. In the notices to the petitioners (that are quite identical) reference is made to a letter, dated 10.7.2003 written to the Principai Chief Conservator of Forest by the Director, Social Forestry, Govt. of Bihar, in para 5 of which it was stated that plywood and veneer units that were operating without regular licence should be closed down immediately and penal measures should be taken against those units. It is further stated that following that letter notices were issued on 29.8.2003 asking the respective units to close down and now the (impugned) notices were being issued again asking the units to shut down immediately.

(3.) IT was contended on behalf of the petitioners that since their applications for licence, made within the time allowed by the notice issued by the State Government, remained pending for consideration, it would be deemed that they were granted licences under the Act, as laid down in the proviso to section 5(2) of the Act. Hence, the petitioners units could not be said to be operating without licences and directed to shut down for that reason.