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1994 Supreme(Ori) 21

D.P.MOHAPATRA, R.K.PATRA, ANOOP V.MOHTA
LAXMINARAYAN SAW MILL – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.K.DALAL, A.MOHANTY, BIJAN RAY, C.Choudhury, D.P.SAHU, JAGABANDHU SAHU, K.K.JENA, L.MISHRA, N.BEHURIA, N.N.Mohapatra, PRADIP MOHANTY, R.K.MOHANTY, R.P.ROY, S.C.GHOSH, S.C.MOHANTY, S.D.HAUQ, S.K.DAS GUPTA, S.K.MISHRA, S.K.MOHANTY, S.K.PATNAIK, S.Mishra, S.MOHANTY

V. A. MOHTA, J.

( 1 ) FORESTS of Orissa are the invaluable treasure of this culturally rich but financially poor State. In order to prevent the illegal and ruthless exploitation of this wealth, some measures were tried by the State. For veracity of reasons - theoretical as well as practical - they were found inadequate to prevent this menace and hence a more stringent measure has been introduced. It is the Orissa Saw Mills and Saw Pits (Control) Act, 1991 (the Act ). The Act is intended to create a total bar against establishing or operating any saw mill or saw pit within a reserved forest, protected forest, or any forest area, or within a radius of ten kilometers from the boundary of any such forests or forests areas. Section 4 of the Act, which has imposed this restriction, reads thus-"4. Establishment and operation of saw mill and saw pit- (1) On and after the appointed day, no person shall establish or operate a saw mill or saw pit except under the authority and subject to the conditions of a licence granted under this Act: provided that no person shall establish or operate any saw mill or saw pit within a reserved forest, protected forest or any forest area or within ten kilo



























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