THE STATE OF JHARKHAND Vs. ITKI SAW MILL

JUDGEMENT

(1.) These Letters Patent Appeals are preferred against the order dated 9.9.2003 passed in W.P.(C) No.2124 of 2003 and other analogous cases, whereby the learned Single Judge quashed the impugned order dated 7.3.2001 and 1.9.2001 issued by the Divisional Forest Officer, Ranchi by holding that the judgment of the Hon'ble Supreme Court rendered in the case of T.N.Godavarman Thirumulkpad Vs. Union of India and Ors, 1997 AIR(SC) 1228 cannot be applied to the petitioners and the directions are not applicable to the Saw Mills of the respondents.

(2.) The Hon'ble Supreme Court while dealing with a case of T.N.Godavarman Thirumulkpad's , relating to conservation of forest throughout the Country, by an interim order dated 12.12.1996 issued general directions to all the States and Union Territories to constitute an Expert Committee who will examine the running Saw Mills and also the number of Saw Mills required in a particular State on the basis of the sustainability vis- -vis availability of the timber from all the sources of respective State, the optimum distance from the forest where Saw Mill should be located. In paragraphs-5 to 9, the Hon'ble Supreme Court issued the following directions:

(3.) In compliance of the direction of the Hon'ble Supreme Court, the erstwhile State of Bihar constituted the Expert Committee to fix the optimum distance from the forest at which the Saw Mill should be located and also to ascertain the number of running Saw Mills with licence and also the unlicensed Saw Mills and to take legal action for closing down those unlicensed Saw Mills. Thus, on the report of the Expert Committee, the erstwhile State of Bihar sent letter no.343 dated 28.10.2000 to the Principal Chief Conservator of Forest, Bihar. The relevant portion of the letter based on the Expert Committee regarding fixation of distance reads as under :