Judgement

JAGANNATHA SHETTY, J.:- "Sal seed" which is a minor forest produce at Orissa has again become the major subject of litigation between commercial users and the State of Orissa.

2. The petitioners herein are holders of long term license from the Government of Orissa for collection of sal seeds from certain specified forest divisions on payment of royalty. The State of Orissa enacted Orissa Forest Produce (Control of Trade) Act, 1981 (The "Act"). It received the assent of President on August 21, 1481. The object of the Act was to prevent smuggling forest (produce) and also to provide State monopoly in such forest produce. Under S. 1(3) of the Act the State is empowered from time to time to issue a notification specifying the area or areas the forest produce in relation to which and the date from which the Act shall come into force. Purporting to act under this provision a notification dated December 9, 1982 was issued by the State Government directing that the Act shall come into force at once in the whole of the State of Orissa in relation to sal seeds. Thereafter, the Government refused to accept royalty from the petitioners in respect of certain forest divisions on the gro