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1990 Supreme(MP) 382

B.C.VARMA, D.M.DHARMADHIKARI
KAILASH CHANDRA SHARMA – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
A.S.Jha, R.K.Pandey, R.P.JAIN

B. C. VARMA, A. L. J.

( 1 ) THIS Order shall also govern the disposal of Misc. Petitions Nos. 4359 of 1988, 4190 of 1989, 4484 of 1988 and 3088 of 1989, as the subject-matter of all these petitions is renewal of licences to run saw mills within certain areas in the State under the M. P. Kashtha Chiran (Viniyaman) Adhiniyam, 1984.

( 2 ) WITH a view to make provisions for regulating in the public interest, the establishment and operation of saw mills and saw pits and trade of sawing for the protection and conservation of forests and the environment, the Madhya Pradesh Legislature enacted the M. P. Kashtha Chiran (Viniyaman) Adhiniyam, 1984, (Act No. 13/84-to be referred to as the 'act' ). It came into force in the entire State of Madhya Pradesh from the appointed day, i. e. , 15/12/1983. Section 3 of the Act permits the State Government to appoint licensing officer for the purposes of the Act. Such officer shall not be below the rank of a Divisional Forest Officer. Section 4 prohibits establishment of a saw mill or a saw pit, except under the authority and subject to the conditions of a licence to be granted under the Act. Even persons operating a saw mill or a saw pit on the appoint








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