- (1.) In this group of petitions, the petitioners are engaged in the manufacture of plywood and veneer and have prayed for the quashing of the notification dated 20th October, 2010 by which Rule 11 of "The U.P. Establishment and Regulation of Saw Mills Rules, 1978" (hereinafter referred to as the Rules of 1978) have been substituted by "The U.P. Establishment and Regulation of Saw Mills (Fourth Amendment) Rules, 2010" (hereinafter referred to as the Fourth Amendment), The petitioners have further prayed for a writ of mandamus commanding the respondents to renew their licence at the rates applicable prior to 20th October, 2010. By the said amendment, the licence fee has been enhanced 15 times from Rs.5,000/- per year to Rs.75,000/- per year per 25 HP. For facility, Writ Petition No.72465 of 2011, M/s Singh Timber Traders and others Vs. State of U.P. Through its Secretary, Forest, Lucknow and others have been made the leading case and, for facility, the facts in this petition is being taken into consideration.
(2.) The petitioners are manufactures of plywood and veneer for which the basic raw material is wood. The petitioners contend that they are mostly using poplar trees for the manufacture of their product. The petitioners contend that they are not purchasing this wood either from the State Government from the U.P. Forest Corporation but are purchasing the wood from the farmers, who grow poplar trees on the margin of their fields. The petitioners contend that poplar trees grow very fast and have a maximum life of 10 years and that cutting the poplar tree does not harm the environment. The petitioners further contend that for the manufacture of veneer or plywood, the basic machine required is, a saw mill for cutting the wood into various shapes and sizes.
(3.) Before proceeding further, it would be essential to give a brief background, which has led to the filing of the writ petitions.;