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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF AUGUST 2019

BEFORE

THE HON'BLE MR. JUSTICE B. VEERAPPA

W.P.No.24068 OF 2014 (GM-FOR)

BETWEEN:

M/s Vananidhi Products

Sri Krishna Nagar

Sullia

Sullia Taluk

D.K. District

Represented by its Proprietor

Sri K.Hariraya Kamath

S/o K.Krishna Kamath.

... Petitioner

(By Ms. Maitreyi Kannur for

Sri Vivek Holla, Advocates)

AND:

1.

The Dy. Conservator of Forests

Mangalore Division

Mangalore

D.K.District – 570 001.

2.

The Chief Conservator of Forests

Aranya Bhavan

Malleshwaram

Bangalore – 560 003.

… Respondents

(By Sri Vasanth V Fernandes, HCGP)

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This Writ Petition is filed under Articles 226 and 227

of Constitution of India praying to quash the order dated

20.03.2014 passed by the respondent vide Annexure-A.

This Writ Petition coming on for Preliminary Hearing

in ‘B’ Group this day, the Court made the following:

O R D E R

The petitioner filed the present writ petition and

sought to issue a writ of certiorari to quash the order

dated

20.03.2014

passed

by

the

respondent

vide

Annexure-A.

2.

It is the case of the petitioner that the

petitioner established a Plywood industry in the year 1982

by putting up all the necessary machineries and made

vast improvements in the said industry by obtaining No

Objection

Certificate

for

establishing

a

unit

from

respondent No.1 herein on 03.06.1985 as per Annexure-B.

The petitioner is the manufacturer of Block Boards,

Plywood and Flush doors. The industry of the petitioner is

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an already established industry which do not require any

fresh license from the competent authority as per the

Rules. The petitioner possesses peeling machineries for

the purpose of manufacturing Block Boards, Plywood and

Flush doors which do not come within the purview of saw

mill operations.

3.

It is the further case of the petitioner that the

petitioner

made

applications

on

24.03.1997

and

02.05.1997 for grant of license to carry out his business.

The respondent No.1- Deputy Conservator of Forests,

Mysore Division, Mysore issued an endorsement on

05.06.1997 informing the petitioner that since the

petitioner is not involved in cutting of timber as per

circular No.M.Misc.54/88-89 dated 03.03.1989 issued by

the Chief Conservator of Forests, no license is required to

the petitioner’s industry as per Annexure-C.

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4.

The second respondent also addressed a letter

to the first respondent on 23.11.2004 informing him not

to treat the wood industries established prior to

29.10.2002 as unlincesed industries. In the said letter,

he makes it very clear that obtaining a license for the

Plywood and Veneer industries are not mandatory in

Karnataka and directed the respondent not to close down

the Plywood industries established prior to 29.10.2002 as

unlicensed one.

5.

It is the further case of the petitioner that

when things stood thus, the State Government decided to

amend the Karnataka Forest Rules 1969 and accordingly,

by notification dated 20.5.2013, amendment was brought

to the Rules and accordingly, a definition of Saw-mill and

any other sawing contrivances as per Rule 2(6-c) and

Rule 163 (2A) came to be included along with other

amendments and it is further stated that under sub-

rule 2A of Rule 163, no person shall establish a

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saw mill or any other sawing contrivances other than

those specified in sub-rule 2(1)(f) of cutting or converting

timber, anywhere in the State without obtaining a license

from the concerned authority. Provided that no new saw-

mills or any other sawing contrivances shall be

established within the limits of or within an aerial

distance (crow-fly distance of ten kilometers from the

limits of any reserved forest, protected forest or district

forest. Provided further that the above restriction of the

first proviso