Shri Anil Kumar Sharma v. Union of India
Case brief
What is this about?
Saw mill licensing Chhattisgarh; wood based industries (establishment and regulation) guidelines 11.11.2016 clause 7(ii); 10 km aerial distance restriction notification 13.08.2021; closure/renewal-stay order 29.12.2021 (01.01.2022–22.08.2024); T.N. Godavarman WPC 202/95 compliance; State Level Committee recommendation 4 km/10 km; PCCF letter 13.09.2022 pending before MoEFCC; notification lapse after 3 years; petitions disposed as infructuous; batch disposal WPC 177/2022 et al.; Chhattisgarh Kashth Chiran (Viniyam) Adhiniyam 1984 Section 5.
What did the court decide?
No quashing relief granted: with the challenged notification (Annexure P-2) lapsed after its 3-year currency, the consequential order (Annexure P-1) cannot be acted upon and the batch of writ petitions stands disposed of. Liberty reserved to the petitioners to approach the Court again on any adverse order or surviving cause of action; licence-renewal applications to be considered by the respondent authority in accordance with law; Union of India expected to expedite decision on the SLC recommendation and the State's letter dated 13.09.2022 (Annexure R-1), and the State to adhere to the SLC recommendation meanwhile.