Unfortunately, despite of notice being served long back and reply is filed, sheer non-application of mind is evinced in even casting the reply as the reply is blissfully silent qua the purport and ambit of Rule 4, and it is sought to be canvassed during submission on the part of the State that the Central Empowered Committee is required to be consulted and approval thereof is to be obtained before granting any license in a case like that of the petitioner. Rule 4 is absolutely silent qua such requirement, nor is the learned AGP is in a position to point out that when the permission to enhance capacity was granted on 7/8/2010 there existed any Government guidelines or direction to the Forest Officer to seek opinion and/or approval from the Central Empowered Committee. In absence thereof and on plain reading of the rule, should persuade the Court in allowing petition right at this stage. However, in order to afford an opportunity to learned AGP and this being a Forest matter, Court need to afford an opportunity on that angle also to place on record appropriate documents justifying the impugned order, time is granted.
The affidavit be filed by the Secretary, Ministry of Forest & Environment, State of Gujarat on or before 1/5/2012. No further time shall be granted.
Registry is directed to make available copy of this order forthwith to learned AGP for onward communication.
[ S.R. BRAHMBHATT, J ] /vgn Top