IN THE HIGH COURT OF ALLAHABAD
DILIP GUPTA
B. S. CHAUHAN CHAUDHARY CHANDAN SINGH - Appellant
Versus
STATE OF U. P. - Respondents
CIVIL MISC. WRIT PETN. 47307 Of 2005
Decided On : 07/05/2005
Saw Mill License - Rejection of Application - Uttar Pradesh Establishment and Regulation of Saw-mills Rules, 1978, Forest Conservation Act, 1980, T. N. Godavarman Thirumulkpad v. Union of India - (1997)2 SCC 267, (1997)3 SCC 312, (1997)7 SCC 440 - The court discussed the rules and orders related to the grant of saw mill licenses, emphasizing the requirement for prior approval and the role of the Central Empowered Committee. The judgment highlighted the need for compliance with forest conservation laws and the limitations on granting licenses, ultimately upholding the rejection of the petitioner's application.
Fact of the Case:
The petitioner sought to quash the order rejecting their application for a saw mill license, citing previous legal proceedings and directions from the Supreme Court.
Finding of the Court:
The court found that the rejection of the application was justified based on the rules and orders related to saw mill licenses, emphasizing the need for compliance with forest conservation laws and the requirement to seek approval from the Central Empowered Committee.
Issues: The key issues revolved around the interpretation of rules and orders governing saw mill licenses, the compliance with forest conservation laws, and the role of the Central Empowered Committee in granting licenses.
Ratio Decidendi: The court's decision was based on the petitioner's failure to obtain a valid license prior to the specified date, the mandatory requirement to seek approval from the Central Empowered Committee, and the need for compliance with forest conservation laws.
Final Decision: The writ petition was dismissed, upholding the rejection of the petitioner's application for a saw mill license.
( 2 ) THE facts stated in the petition reveal that earlier the Saw Mill belonged to Sri Ram agarwal who had been granted a licence to run saw mill. The saw mill was sold to one sri Narendra Kumar Singh on 2nd February, 1989 and thereafter it was sold by Sri narendra Kumar Singh to the petitioner for a consideration of Rs. 25. 000/ -. The petitioner then submitted an application dated 2nd April, 1989 to the Range Officer for transfer of the licence in his favour and for permission to deposit the renewal licence fee. It appears on the basis of the aforesaid application, the petitioner deposited the licence fee of Rs. 1. 000/- in 1990, 1991 and 1992. The licence was, however, not renewed and, therefore, the petitioner filed a writ petition in this Court which was disposed of on 20th October. 2003 with a direction to decide the representation of the petitioner. The application of the petitioner for renewal of the licence was rejected and this was challenged by the petitioner by filing a writ petition being Writ Petition No. 12350 of 2004 which was disposed of on 25th March, 2004 with a direction that the application filed by the petitioner for grant of saw mill licence shall be considered afresh in accordance with law. By the order dated 24th June, 2004 the application was again rejected. Feeling aggrieved, the petitioner filed yet another Writ Petition No. 27395 of 2004. The court by means of the judgment and order dated 28th January, 2005 set aside the order dated 24th June, 2004 and remanded the matter back to the Regional Director to decide it afresh in accordance with law. Pursuant to the aforesaid directions of this court, the matter has been considered at length by the Regional Director in the order dated 6th April, 2005 which has been impugned in the present petition.
( 3 ) WE have heard the petitioner in person and the learned Standing Counsel appearing for the respondents and have perused the material available on record.
( 4 ) THE petitioner in person has assailed the order dated 6th April, 2005 contending that once the petitioner was permitted to deposit the licence fee, the respondents could not have refused the grant of the licence and in any view of the matter, the order of the Supreme Court his not been correctly interpreted by the Regional Director. Learned Standing Counsel on the other hand has supported the impugned order and has submitted that there is no infirmity as it is based upon the orders issued by the Supreme Court from time to time.
( 5 ) WE have carefully considered the submissions advanced by the parties. Before examining the rival contentions, we consider it proper to refer to the Rules framed by the state Government and to the orders passed by the Supreme Court from time to time with regard to the grant of licence to the Saw mills.
( 6 ) THE State Government has framed the "uttar Pradesh Establishment and Regulation of Saw-mills Rules, 1978 (hereinafter referred to as the rules ). Rule 2 defines saw-mills to mean and include any mechanical device whether operating with electric power, fuel power or man power for the purpose of cutting, sawing or converting, timber and wood into pit cos or the like acts. Rule 3 provides that no person shall establish, erect or operate any saw-mill or machinery for converting or cutting vimber and wood without obtaining a licence from the divisional Forest Officer concerned. Under rule 4 an application has to be submitted by person desiring to establish, erect or operate any existing Saw Mill to the Divisional forest Officer concerned for ob
REFERRED TO : Jawahar Lal Sharma v. Divisional Forest Officer, U. P.
AI
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.