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NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 5052 of 2021

Jhanakram Rathore S/o Late Shri Roopnarayan Rathore Aged About 56

Years R/o Village Sivni, Tehsil Janjgir, District Janjgir- Champa Chhattisgarh.

---- Petitioner

Versus

1.

Union Of India Ministry Of Environment Forest And Climate Change-

Through Its Secretary, New Delhi

2.

State Of Chhattisgarh Through Its Secretary, Department Of Forest

And Climate Change, Mantralaya, Mahanadi Bhawan, Nawa Raipur,

Atal Nagar, District- Raipur, Chhattisgarh

3.

Principal Chief Conservator Of Forest, Chhattisgarh, Aranya Bhawan

Sector- 19, North Block, Nawa Raipur, Atal Nagar, District- Raipur,

Chhattisgarh

4.

State Level Committee Chhattisgarh Under Wood Based Industries

Guidelines, Through Its Member Secretary, Aranya Bhawan Sector-

19, North Block, Nawa Raipur, Atal Nagar, District- Raipur,

Chhattisgarh

5.

Divisional Forest Officer-cum-Licencing Authority, Janjgir-Champa,

District- Janjgir-Champa, Chhattisgarh

----Respondents

For Petitioner

:

Mr. Manoj Paranjpe, Advocate along with

Mr. Shubhank Tiwari, Advocate

For Respondent No.1

:

Mr. Tushar Dhar Diwan, Advocate on

behalf of Asstt. S.G.

For State

:

Ms. Sameeksha Gupta, Panel Lawyer

Hon'ble Mr. Justice P. Sam Koshy

Order on Board

08/12/2021

1.

This writ petition has been filed by the petitioner seeking following

reliefs :-

“(i) That, the Hon'ble Court may issue appropriate writ/writs

order/orders, direction/directions, quashing clause 7 (ii) of the

impugned 2016 Guidelines dated 11.11.2016 issued by

Respondent No.1 (Annexure P/1) and consequential

notification bearing no. F 19-51/Va/ 10-2/2005 (Part) dated

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13.08.2021 (Annexure P/2) issued by respondent No.2 and

show cause notice dated 18.10.2021 (Annexure P/3).

(ii) That, the Hon'ble Court may issue appropriate writ directing

the SLC/expert committee (Respondent No. 4) to decide the

optimum distance for establishment of saw mills from

protected and notified area for the State of Chhattisgarh as

directed by the Hon'ble Supreme Court in the matter of WPC

No. 202/95 T.N. Godavarman Thirumulpad vs. Union of India.

(iii) That, this Hon'ble Court may kindly be pleased to gratn any

other relief(s), which is deemed fit and proper in the aforesaid

facts and circumstances of the case and the Hon'ble Court may

kindly be pleased to call for the decision taken by the

SLC/Expert Committee (Respondent No.4) in the year 2016-17

which relates to the recommendation of the distance and

establishment of the Saw Mills.”

2.

Learned counsel for the petitioner submit that pursuant to the

guideline issued in the case of T.N. Godavarman Thirumulpad vs.

Union of India & Ors. in WPC No. 202/98, initially a notification was

made by the Expert Committee and thereafter by the State

Government which had fixed the aerial distance of 10 kms and within

the periphery of forest, the operation of the Wood Based Industries

have been prohibited. It is contended that pursuant thereto the show

cause notice was issued by the State on 18.10.2021 to the petitioner.

It is further contended that as per the guideline issued by the Ministry

of Environment and Forest and Climate Change (hereinafter referred

to as 'MoEFCC'), the restriction on location of wood based industries

as per clause-7(ii), the 10 kms of aerial distance from the boundary of

nearest notified forests and protected areas was notified. It is stated

that as per the Hon'ble Supreme Court's guideline, it was for the SLC

who should have decided the optimum distance on which such

restriction can be placed. Since the notice is served with decision

already arrived at hearing would be a mere formality. As such, the

notification of the Union of India dated 11.11.2016 (Annexure P/1) and

the consequential notification dated 13.08.2021 (Annexure P/2) and

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the show cause notice dated 18.10.2021 be quashed as it is against

the Hon'ble Supreme Court guideline and is i