The central legal point established in the judgment is the need to consider forest area limits, location, and the nature of the industry when granting or renewing saw mill licenses, in accordance with the Forest (Conservation) Act, 1980, and relevant rules.

( 1 ) THE petitioner seeks writ of certiorari quashing the impugned order dated 21-1-1999 whereby the Divisional Forest Officer, respondent No. 2, rejected the application of the petitioner for grant of licence for running saw-mill.

( 2 ) THE petitioner is owner of a saw-mill alleged to be situate in village Dabauliya, Post Banskhor, district Basti. He had a licence for saw-mill obtained from respondent No. 2 in the year 1986 and his licence of saw-mill was renewed up to the year 1991. He deposited fee for renewal of licence for the subsequent period but it was not renewed. The petitioner filed writ petition No. 38139 of 1998. The writ petition was disposed of with the observation that the petitioner may file application for grant of new licence or an application for renewal of the old licence if pending and such application shall be disposed of within a month in accordance with law.

( 3 ) THE petitioner submitted representation to respondent No. 2. The said representation has been rejected by respondent No. 2 vide impugned order dated 21-1-1999 with the observation that those persons who had valid licence up to the year 1996, only they were entitled for the renewal and no fresh licence could be issued in view of the decision in T. N. Godavarman Thirumulkpad v. Union of India, (1997) 3 SCC 312 : (AIR 1997 SC 1233 ). This order has been challenged in the present writ petition.

( 4 ) THE question is as to whether the petitioner should be granted licence for the Saw-Mill. The State Government has framed U. P. Establishment and Regulation of Saw Mills Rules, 1978. The Rules have been amended by U. P. Establishment and Regulation of Saw Mills (Second Amendment) Rules, 1998. These rules provide for the grant of licence for Saw Mills.

( 5 ) THE Supreme Court in T. N. Godavarman Thirumulkpad v. Union of India, air 1997 SC 1228, while considering the provisions of Forest (Conservation) Act, 1980 gave certain directions. One of the directions given in para 5 is as follows :-IN view of the meaning of the word forest" in the Act, it is obvious that prior approval of the Central Government is required for any non-forest activity within the area of any forest". In accordance with Section 2 of the Act, all on-going activity within any forest in any State throughout the country, without the prior approval of the Central Government, must cease forthwith. It is, therefore, clear that the running of saw mills of any kind including veneer or ply-wood mills, and mining of any mineral are non-forest purposes and are, therefore, not permissible without prior approval of the Central Government. Accordingly, any such activity is prima facie violation of the provisions of the Forest Conservation Act, 1980. Every State Government must promptly ensure total cessation of all such activities forthwith. "

( 6 ) THEIR Lordships of the Supreme Court further in para 7 gave the following direction:-THIS order is to operate and to be implemented, notwithstanding any order at variance, made or which may be made by any Government or any authority, tribunal or Court, including the High Court. "

( 7 ) IN T. N. Godavarman Thirumulkpads case (AIR 1997 SC 1228) (supra) an application was filed for seeking further direction. The Apex Court again reaffirmed the view taken in the case reported in T. N. Godavarman Thirumulkpads case (supra) (reported in (1997) 3 SCC 312 : (AIR 1997 SC 1233)) and in para 6 again emphasised as follows (of SCC) : (Para 4 of AIR) :-6. All unlicensed saw mills, veneer and plywood industries in the State of Maharashtra and the State of Uttar Pradesh are to be closed forthwith and the State Government would not remove or relax the condition for grant of permission/licence for the opening of any such saw mill, veneer and plywood industry and it shall also not grant any fresh permission/licence for this purpose. The Chief Secretary of the State will ensure strict compliance of this direction and file a compliance report within two w