YOGENDRA CHANDRA Vs. STATE OF H P

JUDGEMENT

(1.) IN this public interest litigation, petitioner has challenged the policy of the State in granting new licences to Katha manufacturing units. Briefly stated, the facts, as alleged by the petitioner, are that the petitioner is a social and public activist associated with a number of organizations including the Environmental Protection Society engaged in the preservation of flora and fauna and safeguarding the forest and wild life in the State of Himachal Pradesh. The controversy in the present writ petition, as alleged by the petitioner, relates to the grant of illegal sanctions by the State of H.P. to various Katha Manufacturing Units in the State in complete defiance of the judgment, dated l8.5.1997 (Annexure P-1) passed by this Court as well as the report of the Expert Committee formulated by the State Government to assess the availability of Khair trees. It was alleged that it was clearly stated therein that up to the year 2003-04, there would be no Khair wood available for any new unit. The said averment is alleged to be based on para 29 of Annexure P-1, wherein this Court had noticed the above fact after taking into consideration the report of the Committee comprising of 7 Members including the Principal Chief Conservator of Forests, H.P. as its Chairman.

(2.) IT was further alleged that this fact had been brought to the notice of this Court initially through writ petition No.1455 of 1993 filed by the petitioner but was dismissed by this Court. IT was further alleged that the matter was carried in appeal to the Supreme Court by the petitioner and other affected persons. The orders of this Court passed on 30.12.1994 were set aside by the Supreme Court in case State of H.P. versus Ganesh Wood Products 1995(6) SCC 363, whereupon the Supreme Court was pleased to remand the matter to this Court for deciding the same afresh. Consequent thereof, Annexure P-1 judgment dated 8.5.1997 was delivered by this Court.

(3.) IT was further alleged that during this period, a writ petition being CWP No.1455 of 1993 was filed by the petitioner in this Court seeking issuance of appropriate writ restraining the Government from permitting the establishment of Katha Units in the State as it was likely to have an adverse effect on the environment and the ecology of the State due to indiscriminate felling of Khair trees. Thereafter, M/s Shankar Trading Company, Una, a Katha manufacturing unit, also filed a writ petition being CWP No.1475 of 1993 on the ground that the raw material available in the State was not adequate to sustain any new unit. IT was further alleged that after the decision of the Governor, dated 15.9.1993, three writ petitions were filed by the units i.e. the aforementioned three new approved units, namely, M/s Hari Krishan Bajaj (Dev Bhumi Industries), M/s Naman Wood Products and M/s Ganesh Wood Products, vide CWPs No.1576 & 1590 of 1993 and 145 of 1994. Two other writs were also filed by Indian Wood Products and Chander Katha Products and one was filed by Vaid Parkash on behalf of Bhattiwalas. IT was alleged that this Court, vide judgment in Yogendra Chandra vs. State of H.P. and others, reported in 1995(2) Shim.L.C. 100, dismissed the writ petitions filed by the present petitioner and M/s Shankar Trading Company, while the other two writ petitions were allowed and the orders of the Government refusing permission to the three units were quashed. Two writ petitions were allowed with directions to the State authorities to consider their cases in the light of observations made in the judgment. IT was further alleged that against the aforesaid judgment, the State of H.P., the present petitioner and M/s Shankar Trading Company filed SLPs in the Supreme Court and vide judgment referred to above, the SLPs were allowed and the case was remanded for fresh disposal. The Government of H.P. was directed to make a survey and assess approximate availability of Khair wood in the year 1996 and the ensuing years. This was directed to be done through an expert body to be appointed by the Government. The Government was also held entitled to rely upon the report of the Expert Committee before this Court for its consideration. Further directions were given that no new industry/unit for the manufacture of Katha would be approved by the Government pending a final decision on the question of availability of raw material in the years to come. The case was decided by this Court again after remand vide judgment dated 8.5.1997 and the decision of the State Government was upheld of refusing permission for setting up some of the new Katha units. IT was also held that the objections filed against the findings of the Expert Committee report were unfounded. Thus, the findings of the Expert Committee were upheld by this Court. IT was further held that availability of Khair wood from 1996-97 to 2003-04 was adequate only to serve the requirements of the existing two units of Himachal Pradesh, namely, M/s Sagar Katha Factory and M/s Shankar Trading Company as well as M/s Oriental Herbs which was in working condition. The categorical stand of the State Government in the said affidavit was that no Khair wood would be available for any fresh unit.