NARENDRA NATH TIWARI, J. - (1.) THE writ petitioner, in this case, has mainly, challenged the State Governments policy decision for regulating the number of saw -mills in the State and particularly the directions issued regarding grant of fresh licence and renewal of licence for running saw -mills in the state. He has also challenged the order of rejection of his application for renewal of licence/suspension of licence and the order, asking the petitioner to shift his saw -mill at a minimum distance of 5 K.Ms. from the Notified Forest Area in view of the policy decision.
(2.) THE said decision of the Government was circulated by Letter No. 343 dated 28th October, 2000 (Annexure -3) issued under the signature of the Secretary, Government of Bihar (as then was) to the Principal Chief Conservator of Forest, whereby a direction had been issued, prohibiting running of saw -mills, veneer mills, plywood mills and other timber based industries within 5 K.Ms. from the Notified Forest Area. And further, to direct the saw -mills running within the area to shift at a minimum distance of 5 K.Ms. from the Notified Forest Area. The said letter had been issued on the basis of the recommendation of the Expert Committee, constituted by the then Government of Bihar pursuant to the direction issued by the Honble Supreme Court in the case of T.N. Godavarman Thirumulkpad v. Union of India and Ors. . The Principal Chief Conservator of Forest, Jharkhand, Ranchi vide Letter No. 1802 dated 16th May, 2001 directed its subordinate authorities to direct all such saw -mills situated within 5 K.Ms. from the Notified Forest Area to move 5 K.Ms. away from the Notified Forest Area within two years.
(3.) THE State of Jharkhand was created with effect from 15th November, 2000 under the provisions of Bihar Reorganisation Act, 2000.;