ORDER:

This writ petition came to be filed under Article 226 of the Constitution of India, seeking the following relief:

“…to issue any Writ, Order or direction preferably a Writ in the nature of Mandamus declaring the proceedings bearing Rc.No.2634/2011/V4 dated 16/04/2013 issued by the 4th respondent in respect of the industry operated by the Petitioner at Muppala Village, Chandralapadu Mandal, Krishna District, as being illegal, arbitrary, contrary to law violative of Article 14, 19(1)(g) and 300A of the Constitution of India by setting aside the same and pending disposal of the above Writ Petition suspend the operation of the said proceedings by permitting the petitioner to continue its business of running a Saw Mill with License bearing No.197/2003 original License No.229/2001 dt.15/06/2012 issued by the Forest Department valid up to 31/12/2014 situated at Muppala Village, Chandralapadu Mandal, Krishna District…”

2. The petitioner herein is involved in manufacturing of Flush Doors, Timber sizes, core veneer and particle boards; which is being run after obtaining requisite permissions/licenses from the concerned authorities. The petitioner industry, having installed two vertical saws, one horizontal saw, two peeler machines, one hot press, one DD saw, one belt saw sander, one rip saw and one wood chipper, is carrying out the manufacturing of the aforesaid items since 2001 and is governed by the Andhra Pradesh Saw Mills (Regulation) Rules, 1969.

3. While so, the Hon’ble Supreme Court of India has passed orders with regard to protection of environment in T.N. Goverdhan Thirumulpad Vs. Union of India1, wherein the Hon’ble Apex Court has kept the cutoff date as 29.10.2002. The Hon’ble Supreme Court of India has categorically held that permission for saw mills should be granted by a committee constituted by the Central Empowerment Committee, but did not speak about the mills which are already in existence like the petitioner herein. In pursuance of the aforesaid orders passed by the Hon’ble Apex Court, the State Government has issued

1 (2008) 16 SCC 337

G.O.Ms.No.91, Environment, Forests, Science and Technology (For.III)

Department, dated 11.07.2006, incorporating certain terms and conditions.

4. While so, the 4th respondent on 22.03.2013 has issued a notice to the petitioner herein requesting to furnish certain permissions issued by the departments for regularization of the peeling machine in the petitioner’s unit, in order to ascertain whether the peeling machine was established prior to the orders issued by the Hon’ble Supreme Court of India. On receipt of the notice, the petitioner has submitted an explanation on 29.03.2013, but, without considering the same, the respondents have issued another notice terming it as a final notice on 09.04.2013, wherein reference was made to the guidelines issued by the Hon’ble Supreme Court , which are inapplicable in so far as the existing saw mills, like the petitioner, as it has been functioning with the machines referred above from the year 2001 i.e. even before the date of issuance of the order by the Hon’ble Supreme Court of India. The grievance of the petitioner is that by virtue of the impugned proceedings dated 16.04.2013, the petitioner is asked to stop its activity and obtain permission from the Central Empowered Committee, though there is no need, as the machinery of the petitioner is in existence from the year 2001. Aggrieved by the action of the respondents, the present writ petition is filed.

5. When the writ petition came up for admission on 06.08.2013, this Court was pleased to grant an interim order in W.P.M.P.No.28426 of 2013 as under:

“…There shall accordingly be an interim suspension of the proceedings dated 16.04.2013 and the petitioner shall be permitted to run in accordance with the terms and conditions of its existing licence.”

6. The 4th respondent has filed a counter along with a vacate stay petition duly stating that the Hon’ble Supreme Court of India has appointed Central