RAJESH SHANKAR,J. - (1.) These batch of writ petitions have been preferred challenging the decision of the Government of Jharkhand fixing the distance of saw mills to be 5 kms. from the notified forest area and also the consequential action like notices issued to the petitioners directing them to shift the saw mills beyond 5 kms from the notified forest area as well as the letters of suspension/cancellation of licences issued thereunder in the event of non-observance of the said direction of the State Government.
(2.) All these writ petitions involve common question of law and as such same are being heard together and decided by this common judgment. With the consent of the learned counsel for the parties, W.P.C No. 4808 of 2016 is taken as a lead case for one set of writ petitions and W.P.C No. 5240 of 2016 is taken as a lead case for another set of writ petitions. Facts of W.P.(C) No. 4808 of 2016
(3.) The factual background of the case is that the petitioner is the proprietor of M/s. Om Timber Mill situated at Patel Nagar, Bhurkunda. A license under the provisions of The Bihar/Jharkhand Saw Mills (Regulation) Act, 1990 (in short Act, 1990) was issued in favour of M/s. Om Timber Mill vide license no. 34 dated 27.08.1986 and the same was renewed from time to time and the last renewal was made till 31.12.2015. The petitioner applied for renewal of license of saw mill in the prescribed form in the year 2016 but the respondent did pass any formal order thus it continued to operate the saw mills treating deemed renewal of licence in view of Rule 6 of the Bihar (now Jharkhand) Saw Mills (Regulations) Rules, 1993 (in short 'Rules 1993'). However, the Divisional Forest Officer (Respondent No. 4) vide letter no. 1955 dated 09.08.2016 directed the petitioner to shift his saw mill beyond 5 kms from the notified forest area in view of the order of the Hon'ble Supreme Court rendered in the case of T.N Godavarman Thirumulkpad v. Union of India, reported in (1997) 2 SCC 267. Thereafter, the petitioner personally met the Divisional Forest Officer (respondent no. 4) requesting him to act in pursuance with the letter no. 1955 dated 09.08.2016 requesting that the order of the Hon'ble Supreme Court rendered in the case of T.N Godavarman Thirumulkpad (Supra.) is applicable for the petitioner as the said saw mill has been established prior to the judgment of Hon'ble Supreme Court and he has violated the terms and conditions of the licence. However the said request was taken into consideration by the respondent no. 4. Hence the present writ petition. Facts of W.P. (C) No. 5240 of 2016.;