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1992 Supreme(All) 884

V.N.KHARE, K.NARAYAN
Balwant Singh – Appellant
Versus
Divisional Forest Officer (west), Almora – Respondent


Advocates Appeared:
For the Appellant : L.P. Naithani.

JUDGMENT :

V.N. Khare, J.

This writ petition raises questions as to scope of executive power of the State imposing ban on setting up of new industry for manufacture of resin product.

2. Briefly the facts are that the Petitioner who intends to set up a factory for manufacture of varnish from Biroja applied to the Director of Industries, Government of Uttar Pradesh for grant of a licence to that effect. The Director of Industries by order dated 23-3-83 granted licence to the Petitioner as applied for. Since u/s 10 of Uttar Pradesh Resin and other Forest Produce Act 1976 (hereinafter referred to as the Act) every manufacturer of resin product is entitled to registration on payment of fee the Petitioner applied to the Deputy Conservator of Forest (West), Almora. Forest Division for being registered under the Act. The Divisional Forest Officer, Almora by letter dated 22-7-87 informed the Conservator of Forest that in view of government policy Petitioners case cannot be recommended for registration by the concerned authority. The Petitioner thereafter, made several representations to the authorities constituted under the Act but was told that his proposed unit cannot be registered. This has








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