VISHWAKARMA TIMBER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) A batch of writ petitions seeking interference in the decision of the Government of Jharkhand fixing radial/aerial distance of 5 kilometers for functioning of a Saw Mill beyond the notified forest area were under challenge.

(2.) All the writ petitions were dismissed by the common impugned judgment dated 08.03.2018. Appellants in these three appeals being aggrieved have approached this Court.

(3.) Mr. Indrajit Sinha, learned counsel for the appellants has broadly formulated the following issues for consideration: He submits that as per notification/letter bearing no.343 dated 28.10.2000, Principal Chief Conservator of Forest, Jharkhand provided for exemption to Saw Mills which fall within the notified area/municipal area constructed prior to 1996. As per the letter dated 05.09.1997 at page 67 of the counter affidavit of the respondents filed on 17.09.2019 in the respective appeals, the Saw Mills of appellants in L.P.A. No.334 of 2018 and L.P.A. No. 336 of 2018 fell within the notified area, Basiya. So far as appellant in L.P.A. No.337 of 2018 is concerned though his Saw Mill fell beyond the notified limits but was situate beyond 5 kilometers from the distance of notified forest area as per averments at page no. 42 of supplementary affidavit filed in L.P.A. No.334 of 2018.