Heard learned counsel for the appellants.
Admit.
Issue notice to the respondent.
Let counter affidavit be filed within six weeks. Rejoinder affidavit may be filed within a week thereafter.
List in the 1st week of April 2010.
Following substantial questions of law arise for consideration in the present case.
(1) Whether the plaintiff-respondent has obtained the license under Section 2(4)(a) of Indian Forest Act, 1927?
(2) Whether the notice under Section 80 of the Code of Civil Procedure has been issued and served to the Defendant-Appellants prior to the filing of the aforesaid suit?
(3) Whether the proper issues have been framed by the courts below before passing the impugned judgment and decree?
It has been highlighted by Shri G.K. Pandey, learned Standing Counsel before the court by showing Section 26 (1)(a) of the Indian Forest Act, 1927, that Charcoal is a forest product under the law. No one is permitted to carry out Charcoal manufacturing business within 4.5 kilometres of a declared/reserved forest area and it is a condition precedent to obtain a license or permission from the Competent Authority from the forest department under Section 26(2)
(a) of the Forest Act. No permission has been obtained and the Charocal manufacturing business is being carried out unauthorisedly. The learned Standing Counsel draw the attention of the court that in District Hamirpur Babool is not grown as a commercial crop and it is not abundantly available with the farmers and the timber contractors. There is sufficient evidence to submit that the Babool and Ria is being brought from neighbouring reseved forest, which is highly injurious to the public property and its environmental hazard.
In view of above and applying the directions contained in the case of T.N. Godavarman Thirmulpad (87*) Vs. Union of India and others, reported in 2006(1) SCC, this court is prima facie of the view that the direction be issued to the respondent to obtain permission from the concerned Forest Authority for manufacturing Charcoal. It is open for the Forest Officer to make inquiry, inspections and find out whether Charcoal industry situated in the close range of forest area is being carried out in a proper manner and in consonance with the provisions contained in the Forest Act and Rules. The application of respondent for carrying out Charcoal manufacturing business be considered accordingly and appropriate order be passed in accordance with law.
Order Date :- 22.1.2010 pks