Plywood unit sought renewal of its saw mill licence pending since 2014 despite favourable forest department recommendations. The High Court directed respondent officials to consider the renewal or fresh licence request after a fresh representation, within fixed timelines.
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NC: 2024:KHC:32416 WP No. 2547 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2547 OF 2022 (GM-FOR)
BETWEEN:
WOOD BOND PLY PRODUCTS (INDUSTIRES) NO 267/H HEBBAL INDUSTRIAL AREA BALAVADI POST MYSURU - 570018 REP BY ITS PROPRIETOR SRI R RAJU AGED ABOUT 70 YEARS R/ANO 152, HOSAKONANDUR VILLAGE HAROHALLI POST
SRIRANGAPATNA MANDYA DISTRICT -571434.
…PETITIONER
(BY SRI. RANJAN RAMESH, ADVOCATE FOR SRI. CHANDRAKANTH R GOULAY.,ADVOCATE)
Digitally signed by SUMA B N Location: High Court of Karnataka
AND:
REP BY THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FOREST ECOLOGY ENVIRONMENT VIKASA SOUDHA BENGALURU - 560001.
NC: 2024:KHC:32416 WP No. 2547 of 2022
RANGE MYSURU - 570008.
…RESPONDENTS
(BY SRI.SPOORTHY HEGDE N, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE RECOMMENDATIONS MADE BY THE R4 TO R3-CCF DATED 16.05.2014 VIDE ANNEXURE-J, DATED 06.06.2020 VIDE ANNEXURE-T AND 10.06.2020 VIDE ANNEXURE-U AND COMMUNICATION DATED 27.07.2020 VIDE ANNEXURE-Z FROM THE R3 TO THE R2 KEEPING IN MIND THE CIRCULAR DATED 12.03.2014(ANNEXURE-F) ISSUED BY THE R3 AND THE NOTIFICATION DATED 20.05.2013 KARNATAKA FORES AMENDMENT RULES 2013 AS PER ANNEXURE-E AND TO PASS APPROPRIATE SUITABLE ORDERS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
The petitioner is before this Court for nonconsideration of his repeated request for renewal of licence for running a saw mill.
as per Annexure-A which was renewed from time to time and that the petitioner has sought for renewal of the said licence in the year 2014 and has been constantly follow up with the respondents seeking renewal of the said licence. However, the same is not accorded for the one reason or the other. The learned counsel further refers to the report of the Chief Conservative of Forests as per Annexure - Z1 dated 17.04.2021 and submits that despite the recommendations made therein, request of the petitioner has not been considered.
the respondents on the other hand submits that the petitioner was initially issued with a licence for running the plywood saw mill and after 2014 the petitioner has been using vertical saw mill which requires obtaining a fresh licence under Rule 163 of the Karnataka Forest Rules 1969. He submits the petitioner's request would now be considered in view of the amendment effected to the proviso to Rule 163 of the Karnataka Forest Rules 1969.
4. The submission is taken on record.
respondent Nos.3 and 4 to consider the request of the petitioner for renewal of the licence or for issuance of fresh licence as the case may be. Since the matter is pending since 2022, the petitioner is directed to submit a
NC: 2024:KHC:32416 WP No. 2547 of 2022
fresh representation providing the dates of the earlier representations within 30 days from the date of receipt of a certified copy of this order. Respondent Nos.3 and 4 thereafter shall consider the same in accordance with law and pass appropriate orders within 60 days thereafter.
Sd/(M.G.S. KAMAL) JUDGE
SA
1 issue framed by the court
Whether respondents should consider the petitioner's repeated request for renewal of the saw mill licence in light of departmental recommendations and the amendment to Rule 163.
2 provisions across 2 enactments
Wood Bond Ply Products (Industries), represented by its proprietor Sri R Raju
The State of Karnataka
The Principal Chief Conservator of Forests
The Chief Conservator of Forests, Mysuru Circle
The Deputy Conservator of Forests, Mysuru Division
The Range Forest Officer, Mysore Range
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
