IMPORTANT POINT
Stones are classified as forest produce under the Assam Forest Regulation, 1891, and the Forest Department has jurisdiction to regulate their extraction and transportation.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. G.N. Sahewalla, learned senior counsel, assisted by Mr. P. Deka, learned counsel for the petitioner. Also heard Mr. P.N. Goswami, learned Additional Advocate General and standing counsel for the Environment and Forest Department, assisted by Mr. R.R. Gogoi, learned standing counsel for the Environment and Forest Department.

Case of the petitioner:

2. In brief, the case of the petitioner Company is that it is the owner of a stone crushing unit under the name and style of M/s. Anupam Bricks & Concrete Industry. It is projected that the petitioner purchases stones from the stone quarry/mining lease holders and then it is crushed in its unit and supplied to various dealers and consumers including the Govt. Departments and N.F. Railway. It is not disputed that the petitioner’s said stone crushing unit has the requisite consent to operate from the Pollution Control Board, Assam.

3. The Principal Secretary to the Govt. of Assam, Forest Department had issued a notification no. FRM.152/2001/54 dated 29.01.2003, by which guidelines was issued for installation of a stone crushing machine i.e. stone crusher within the State of Assam. Accordingly, in compliance of the said notification, the petitioner was issued with permission from the Divisional Forest Officer, Cachar Division, which has been renewed from time to time till 31.12.2014.

4. The petitioner projects that vide the said notification dated 29.01.2023, for installing a stone crusher, an application has to be made before the jurisdictional Divisional Forest Officer (DFO for short) as per the prescribed proforma. It was envisaged that the applications would be examined by the Circle Level Permit Committee and only on approval being granted, the concerned DFO would issue a permit. Such permit would have a validity of one year, and application for renewal was to be made as per the prescribed proforma. The said notification authorizes any forest officer not below the rank of Forester-I to inspect the stone crusher and the records maintained by the unit and that all stones entering the stone crusher unit shall be governed by Transit Passes (TP for short) and Transit Challans (TC for short) to be issued under the Rules.

5. Accordingly, by projecting that the Forest Department had no power or jurisdiction to issue the guidelines vide notification dated 29.1.2003, and although the petitioner had applied for licence as a matter of abundant caution, this writ petition has been filed under Article 226 of the Constitution of India.

6. The prayers made in this writ petition are as follows:

“In the premises, aforesaid, your petitioner prays that Your Lordships may be pleased to admit this petition call for the records and may further pleased to issue a Rule calling upon the respondents to show cause as to why a writ in the nature of Mandamus be not issued directing the respondents authorities to cancel, recall or otherwise forbear from giving effect to the impugned notification bearing No. FRM.152/2001/54 dated 29-1-2003; and why an appropriate writ be not issued declaring that the insistence on the part of the State Forest authorities for obtaining permission for setting up of stone crusher unit and obtaining of transit pass and transit challan in respect of any type of stone entering or leaving the premise of the Stone Crusher Unit, is unconstitutional and null and void; and/or why a writ in the nature of Certiorari be not issued quashing and setting aside the impugned notification bearing No. FRM.152/2001/54 dated 29-1-2003 and upon cause or causes being shown and after hearing the parties be pleased to make the rule absolute and/or pass such order