IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 2348 of 2000

IN THE MATTER OF:

An application under Article 102 of the Constitution of the People’s Republic of Bangladesh

-And-

IN THE MATTER OF:

Sheikh Abdul Ali and another

...............Petitioners. -VS-

Divisional Forest Officer, Sylhet, Forest Division, Sylhet and others.

...............Respondents.

Mr. M Khaled Ahmed, Advocate

……….for the petitioners Mr. Tushar Kanti Roy, DAG with

Mr. Md. Salim Azad, A.G.G with

Ms. Anis ul Mawa, A.A.G with

Ms. Nazma Afreen, A.A.G

…..…For the respondents.

Heard on: 20.11.2023. Judgment on : 23.11.2023

Present:

Mr. Justice Mustafa Zaman Islam

And

Mr. Justice Md. Atabullah

Mustafa Zaman Islam, J;

In this application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why saw mill licence Rule 1998 published in Bangladesh Gazette dated 03.12.1998 Annexure-D to the petition and Memo no. 1455/17-5 dated 10.02.2000 Annexure-G to the petition issued by the respondent no.1 should not be declared to have been made without lawful authority and is of no legal effect and why direction should not be issued upon the respondents to renew the petitioners license for saw mill and/or such other or further order or orders passed as to this court may seem fit and proper.

The facts necessary for disposal of the Rule in short are that the petitioners are Businessmen of repute, trading in timber by means of sawing stocking and selling. The petitioners with a view to establish a saw mill in his locality filed an application before the Divisional Forest Officer, Sylhet, by the name of M/s. Modern Furniture and saw mills with permission given by respondent no.1 in plot no. “B” 38 and B39 BSCIC Industrial Estate Gumra Moulvi Bazar P.S. and district-Moulvi Bazar who after due consideration as regards site of saw mill bonafide of the application in the light of the requirement of law granted him permission/licence vide memo no. 704/17-5 dated 30.01.1996.

The Petitioners, thereafter, under permission as per annexure-A established the saw mill at the place mentioned above and put the saw mill on commission at huge expenses the sawmill has been apparating since 1996 catering to the need of the peoples to the locality and surrounding areas. The petitioners have also been paying all required taxes a copy of the rent receipts for 1996, and that for 1998 are annexed. The other rent receipt with kind leave of the court shall be produced at the time of hearing.

The M/S. Modern furniture and saw mill hereinafter referred to as the sawmill has been apparating at the mill site in accordance with terms and condition laid down in the permission letter and also by law at no point of time any allegation as to the performance of the petitioners in running the sawmill in

violation of any law, any condition laid down for the purpose. The respondent

no.1, Divisional Officer, Sylhet forest Division last renewed the licence upto 30.06.1999 vide memo. No. 4385/17-5 dated 30.06.1998 under the condition

laid down therein, the petitioners abide by the condition and there is not even

any allegation of violation by them. Meanwhile, Respondent no.2 Secretary

Ministry of the Environment and Forest issued Gazettee notification dated 03.12.1998, section 8 whereof reads as follows:-

“Ll¡a Lm ÙÛ¡fe J f¢lQ¡me¡u L¢afu ¢h¢d ¢e−od: (1) pwl¢ra, A¢fÑa J ®k ®L¡e dl−el plL¡l£ he i§¢jl p£j¡e¡ qC−a Abh¡ h¡wm¡−c−nl A¡¿¹SÑ¡¢aL p£j¡e¡ qC−a 10.00 ¢L¢j j−dÉ ®f±l Hm¡L¡ hÉ¢aa ®L¡e ÙÛ¡−e ®L¡e Ll¡a Lm ÙÛ¡fe h¡ f¢XlQ¡me¡ Ll¡ k¡C−h e¡z naÑ b¡−L ®k, HC ¢h¢d j¡m¡ hmhv qCh¡l a¡¢l−M Ae¤l¦f ®L¡e ÙÛ¡−e ®L¡e Ll¡a Lm ¢hcÉj¡e b¡¢L−m Eq¡ Eš² a¡¢lM qC−a 180 ¢c−el j−dÉ hå L¢lu¡ ¢c−a qC−hz ” Noted that the petitioners impugns the aforesaid Gazette Notification.

The petitioners while running their sawmill served with