JUDGEMENT
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(1.) IAS Nos. 1868, 2091, 2225-27, 2380 and 2568 in WP (C) No. 202 of 1995 Post on 11-9-2009 as part - heard. Parties would be at liberty to file and exchange
affidavits in the meantime.
(2.) IAS Nos. 1274-75, 2423-25, 2537-38 in WP (C) No. 202 of 1995 There were a large number of sawmills, veneer plants and plywood factories in the
State of Bihar and in order to feed them there was large - scale cutting of trees. These
sawmills and other wood - based industries were closed following this Court's orders.
The CEC has filed a feasibility report regarding grant of licences for these units. The
CEC has suggested that the State of Bihar should re - examine the availability of timber
from all sources, including the timber available from non - forest area, timber imported
from other States and from other countries. Having thus determined the availability of
timber, the State Government should work out, applying equitable and non -
discriminatory criteria, the total number of wood - based units in different categories,
namely, sawmills, government sawmills, plywood units, veneer units, etc. which should
be allowed to continue.
In that connection it was also directed that the State should prepare a seniority list of different categories of wood - based units for the purpose of granting licences. It
appears that there were some disputes regarding the basis of determination of seniority
and the State has now filed an affidavit stating that the State would face problems if
seniority is to be determined on the basis of date of application. We do not think that
any criteria other than the one suggested by the CEC may be adopted by the State.
The seniority list may be prepared by the State as suggested by the CEC.
(3.) THE applications relate to determination of seniority of the wood - based units in Bihar. These could be disposed of by the State on the lines suggested by the CEC, as
indicated above, and in accordance with law. The State should prepare the seniority list
of the wood - based units within a period of three months.;
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