The restriction imposed by the Hon’ble Supreme Court in its order dated 15.01.1992 is confined only to specific types of mills and does not apply to units using timber for manufacturing furniture, electrical accessories, sports goods etc.

Heard Mr. PJ Saikia, learned counsel for the petitioner. Also heard Mr. D Nath, learned State counsel for respondent Nos.1 to 5 and Ms. R Devi, learned counsel for respondent No.6.

2. The petitioner by proceeding through the District Industrial Centre Nagaon had set up a mechanized carpentry unit at the industrial estate Nagaon. The mechanized carpentry unit also comprises of an ancillary unit, which is commonly called band saw mill. The purpose of band saw mill is to use mechanized instruments for giving shapes and cutting pieces of woods for the purpose of furniture and other items. Earlier the respondent authorities had issued an order dated 04.06.2000 under the signature of the Range Officer Lanka Range, whereby the petitioner was asked to close the functioning of the band saw mill, which, in fact, is the ancillary unit of mechanized furniture manufacturing unit. The said order dated 04.06.2000 was assailed in a writ petition being WP(C)No.5973/2003.

3. In WP(C)No.5973/2003, the petitioner had raised an issue that as per the letter dated 30.09.2001 of the Ministry of Environment and Forest, Govt. of India, which was issued pursuant to a representation of the Nagaon District Small Wood Based Unit Owners Association, a clarification was given that the expression wood based units referred in the Hon’ble Supreme Court’s order dated 15.01.1998 in WP(C)No.202/1995, is in respect to saw mills, veneer mills, plywood mills and various combinations of the above, but does not include units using timber for manufacturing furniture, electrical accessories, sports goods etc.

4. This Court by referring and interpreting the said letter dated 30.09.2001 of the Ministry of Environment and Forest, Govt. of India had arrived at a conclusion that the restriction imposed by the Hon’ble Supreme Court in its order dated 15.01.1992 in WP(C)No.202/1995 is confined only to the saw mills, veneer mills plywood mills etc., and the same is not applicable to units using timber for manufacturing furniture, electrical accessories, sports goods etc.

5. Accordingly, by the order dated 20.12.2005 in the said WP(C)No.5973/2003, it was provided that the Principal Chief Conservator of Forest, Assam would cause an enquiry as regards the contention of the petitioner in the background of the letter dated 13.09.2001 and also the Assam Wood based Industries (Establishment and Regulation) Rules, 2000 (for short the Rule 2000) and arrive at an appropriate decision thereon. Consequent to the said direction of this Court in its judgment and order dated 20.12.2005, the order dated 01.07.2011 had been passed, which is being assailed in this present writ petition.

6. In the order dated 01.07.2011, the Principal Chief Conservator of Forest, Assam arrived at a conclusion that under the Rules, 2000, there is no such provision for granting license to band saw mill and the draft amendment of the said Rules of 2000, which had been forwarded to the Administrative Department was not yet been approved. Accordingly, by the said order, it was provided that the case of the petitioner would be considered as per Rules as and when the draft amendment of the Rules of 2000 is approved by the State government.

6. The said conclusion of the Principal Chief Conservator of Forest in the order dated 01.07.2011 is being assailed in this writ petition. It has been brought to the notice of this Court that in the Rules of 2000, wood based industry is defined in Rule 2(e) which provides that wood based industries include saw mills, veneer mills, plywood mills, match/match splint/particle board/hard board/ katha manufacturing units and sandal-wood oil extracting units or any other industry using timber as raw material. Apparently the said definition of Wood Based Industries, which is an inclusive definition, does not include furniture manufacturing unit/mechanized carpentry unit.

7. In such view of the matter, the furniture manufacturing unit/mechanized carpentry units are not included in t