M.Y. Eqbal, J. - (1.) IN this writ application the petitioner has prayed for quashing the order dated 22.12.2001, whereby the Divisional Forest Officer, Kolhan Forest Division, being the Licensing Authority, cancelled the license of the Saw Mill of the petitioner and also the order dated 11.5.2002 passed by respondent No. 3, Conservator of Forest, being the appellate authority, who affirmed the order passed by the Licensing Authority.
(2.) PETITIONER 's case is that he started Saw Mill on a portion of land comprised of RS Plot No. 431 under valid licence granted by the respondents in the year 1976. Petitioner's further case is that RS Plot No. 431 stands recorded in the name of Sputh Eastern Railway in survey record of right and the land has been shown in possession of Forest Department since 1940. It is contended by the petitioner that time -to -time license was renewed by the Licensing Authority but in 2001 the Licensing Authority refused to renew the license. Respondents in their counter affidavit have stated that the impugned orders refusing to grant license to the petitioner has been passed in the light of the orders passed by the Supreme Court restraining any non -forest activities in the forest land. It is stated that running of Saw Mill of any kind is not permissible without approval of the Central Government under the provision of Forest Conservation Act. Respondent's further case is that the location of the Saw Mill is within less than two kilometer nearest to the protected forest and the plot in question where the petitioner running a Saw Mill is in peaceful possession of the Forest Department since 1940.
(3.) MR . Rajiv Ranjan, learned counsel for the petitioner assailed the impugned orders as being illegal and wholly without jurisdiction. Learned counsel drawn my attention to Section 29 of the Indian Forest Act and submitted that only excepting those forest declared by notification the respondents had no authority to refuse the renewal of license merely because the Saw Mill is situated within the area described as a forest. In my opinion, the submission of Rajiv Ranjan is wholly misconceived and devoid of any substance.;