Decided on March 11,1999

Zahoor Watali Appellant
STATE OF JANDK Respondents


- (1.) THE counsel for respondents submit that the objections (reply) filed in main writ petition at pre -admission stage may be treated as objections to the CMP. The statement is taken on record.
(2.) COUNSEL for petitioner submits that the interim relief is confined to the prayer of petitioner -plaintiff being permitted to transport timber from Handwara to Srinagar only and too in terms of the renewed licence for sale of timber at the sale depot Kachwari Handwara and transportation timber permission order No. CCF (K) L/8293 dated: 23.5.98.
(3.) COUNSEL for respondents submits that the permission cannot be granted to petitioner for transportation of the timber in so far as it violates the directions of the Honble Supreme Court, regarding closure of saw mills falling within the radius of 8kms from demarcated forests. Besides transportation of timber outside the State of J&K cannot be permitted. The renewal of licence ending March 1999 and grant of permission to petitioner for transportation of timber (sawn deodar) 1300cft in the first instance and accord of consideration for grant of permission of balance quantity of 2500 cft by the competent authority, is not denied. In terms of submissions of counsel for parties, it is seen from record that the petitioner | has been given permission to run the sale depot at Kachwari Handwara and for the purposes permission has been renewed under Rule 3 of Sale Depot Rules to petitioner on conditions and terms specified in the order of DFO Forest Division Langate The renewal of the sale depot is valid up to ending 3/99 (annexure -P1), It is also found that on the application of petitioner for grant of permission for transportation of deodar sawn timber 2500 cft from Kachwari to Srinagar, Chief Conservator of Forests Kashmir Region has on 23.5.98 accorded sanction to the transportation of deodar sawn timber 1300 cft in first instance on terms and conditions provided there. The permission for the transportation of the balance quantity is, in terms of the order, to be considered subsequently. The permission of transportation of 1300cft from Kachwari to Srinagar, is on condition of proper verification and check by the DFO and that the stuff to be shown permitted to be carried is from SFC Sources only and to be covered by the documents. The permission was to lost till 30.6.98.;

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