GLAXY INDUSTRIAL CORP Vs. STATE OF J&K
LAWS(J&K)-1999-2-30
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 10,1999

Glaxy Industrial Corp Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) OLEO Resin Gum is a forest produce. It is a raw material used for manufacture of rosin and turpentine oil. Earlier, the resin was permitted to be tapped, exploited and extracted on royalty basis. It was found that the means employed by the persons allowed to tap the forest produce were not scientific. With a view to see that the extraction was done in a scientific manner, the State Government has been formulating guidelines from time to time. The basic purpose of this policy decision and guidelines is to see that the quality of Cheer forest in the lower ranges of Jammu region known as Jammu Shivalik is maintained and these forests are rehabilitated. A systemic scientific tapping was felt need of the day.
(2.) FOR the current year, the policy stands formulated. There is a provision in paragraphs 3, 5 of the policy decision. This is to the effect that a Unit which is engaged in the manufacture of resin and turpentine oil and which is located within a distance of 8 kms of forest area, shall not be eligible to participate in the auction. It is this aspect of the matter which is the subject matter of challenge in this petition. The argument raised by the learned counsel for the petitioner is that there is no nexus between the restriction so imposed with the object sought to be achieved. It is also urged that even if there is some nexus, then the petitioners who have already set up an industry by making huge investment cannot be put out of job. It is submitted that by doing so not only the petitioners but the labour engaged by them would be left without means to sustain themselves.
(3.) RESPONDENTS have put in appearance. The stand taken by them is that the restriction prohibiting a Unit located within 8 kms of the boundary of demarcated forest is a valid condition. This has been done in the interest of preserving the ecology and the forests located in the State of Jammu and Kashmir.;


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