THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION Nos.29326 and 29335 of 2009 COMMON ORDER: The petitioner, in W.P.No.29326 of 2009, was granted a Saw Mill licence by the Divisional Forest Officer, Srikakulam, in May 2002. The petitioners, in W.P.No.29335, were granted such licences by the Divisional Forest Officer, Krishna Division, Vijayawada, in the year 2003. In W.P.No.202 of 1995, filed before the Hon’ble Supreme Court, the matter, relating to protection and preservation of forests all over the country, was taken up. Directions, which are special and general in nature, were issued from time to time. To ensure that the directions are implemented, a Central Empowered Committee (CEC), was constituted. In one of the directions issued by the Supreme Court, relating to the establishment of Saw Mills, it was found that indiscriminatory grant of Saw Mill licences contributed to the illicit falling of trees, and thereby, denudation of forests. It was directed that any fresh licence shall be issued, only with the approval of the CEC. Certain clarifications were issued in Civil Appeal Nos.669 and 670 of 2002. On finding that the licences issued to the petitioners were in contravention of the directions issued by the Supreme Court, show cause notices were issued to the petitioners, by the respective Divisional Forest Officers, in the year 2006. On consideration of the explanations submitted by the petitioners, licences issued to them were cancelled. Thereafter, the petitioners submitted applications for grant of fresh licences. The applications, in turn, were forwarded to the CEC. The petitioners state that in its report, dated 10.12.2008, the CEC made an observation to the effect that the petitioners can be granted fresh licences, and despite the same, no action has been taken by the officials of the Forest Department of the State of Andhra Pradesh. Heard learned counsel for the petitioners and learned Government Pleader for Forests. The Saw Mill licences that were issued to the petitioners were cancelled, on the ground that they are in contravention of the orders passed by the Supreme Court. Thereafter, the petitioners submitted fresh applications, and as required under the directions of the Supreme Court, the applications were forwarded to the CEC. A meeting has taken place among the CEC, Officials of the State Government and representatives of the Industry, on 10.12.2008. The Committee observed that as many as 282 licences were granted in the State of Andhra Pradesh, subsequent to the orders of the Supreme Court, dated 30.12.2002, and all of them were cancelled thereafter. The Committee took the view that all the 282 Saw Mills, whose licences were cancelled, would be considered for grant of licence, on payment of one time penalty of Rs.10,000/-, per vertical band saw mills, and Rs.1.5 lakh, per horizontal band saw mills, as has been done in the States of Haryana, Punjab, Uttar Pradesh and other States. The petitioners contend that their names figure in the list of 282 Saw Mills and that they are prepared to abide by the conditions. Once the CEC has expressed its opinion that fresh licence can be granted to the Saw Mills, whose licences were cancelled, on the ground that the earlier licences were issued in contravention of the directions of the Supreme Court, there cannot be any justification for the respondents, to keep the applications pending, indefinitely, particularly when the petitioners are willing to abide by the conditions. Hence, the Writ Petitions are disposed of, directing that the respective Divisional Forest Officers, shall consider the feasibility of granting licences to the petitioners, in case the names of the petitioners occur, in the list of Saw Mills enclosed to the report, dated 10.12.2009, of the Central Empowered Committee and if the petitioners comply with the conditions mentioned therein. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J 31st December 2009 GJ