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2003 Supreme(SC) 1419

V. N. KHARE, Y. K. SABHARWAL, ARIJIT PASAYAT
T. N. Godavarman Thirumulpad – Appellant
Versus
Union of India – Respondent


JUDGMENT :

Y.K. Sabharwal, J. - By order dated 29/30th October, 2002, this Court directed closure of all unlicensed saw mills and prohibited opening of any new saw mill without prior permission of the Central Empowered Committee (CEC). The proliferation of wood based industry was one of the causes of degradation of forest. It is evident that the order was passed with a view to ensure protection of the forest wealth and to enforce measures to stop illegal felling, removal and utilisation of timber. The relevant portion of the said order reads as under :

    "No State or Union Territory shall permit any unlicensed saw-mills, veneer, plywood industry to operate and they are directed to close all such unlicensed unit forthwith. No State Government or Union Territory will permit the opening of any saw- mills, veneer or plywood industry without prior permission of the Central Empowered Committee. The Chief Secretary of each State will ensure strict compliance of this direction. There shall also be no relaxation of rules with regard to the grant of licence without previous concurrence of the Central Empowered Committee."

2. In Orissa, Section 4 of Orissa Saw Mills and Saw Pits (Control), Act

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