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2002 Supreme(Pat) 1385

AFTAB ALAM
Narayan Prasad Sah – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In all these cases, the petitioners were operating Saw Mills under licences, subsisting or lapsed, issued under the provisions of the Bihar Saw Mills (Regulation) Act. The petitioners in all these cases seek to challenge the Government Resolution issued by the Secretary, Environment & Forest Department, Government of Bihar under his memo no. 418E, dated 8.7.2002 (a copy of which is at Annexure 5 in C.W.J.C. No. 9701 of 2002).

2. The resolution coming under challenge contains certain decisions arrived at by the State Government after a long exercise following directions issued by the Supreme Court in Writ Petition (C) No. 202 of 1995 (T.N. Godavarman Thirumalpad V/s. Union of India & Ors.). In compliance with the directions issued by the Supreme Court from time to time in the aforesaid case, the State Government constituted Expert Committee(s) and in the light of the reports of the Expert Committee(s), it has issued the impugned resolution. By the impugned resolution the Government fixed the total number of Saw Mills (1450) on the basis of the sustainable capacity of the forests in the State. It then fixed the norms of distribution of the 1450 Saw Mills mainly on the basi














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