Gauhati High Court
Riangdo Veneers Pvt. Ltd vs The State Of Assam And 4 Ors on 27 September, 2019
Equivalent citations: AIRONLINE 2019 GAU 798
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/78
GAHC010024232017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3140/2017
1:RIANGDO VENEERS PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT PANCHJANYA
BHAWAN, BLOCK 'B', 1ST FLOOR, BARTHAKUR MILL ROAD, ULUBARI,
GUWAHATI - 781007, IN THE DIST. OF KAMRUP M, ASSAM AND
PROCESSING UNIT AT BARAPANI INDUSTRIAL AREA, UMIAM IN THE
DIST. OF RI-BHOI, MEGHALAYA, REP. BY MR. ARUNGSHU CHAKRABORTY,
AUTHORIZED SIGNATORY OF THE PETITIONER COMPANY.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOV.T OF ASSAM,
DEPARTMENT OF ENVIRONMENT AND FOREST, DISPUR, GUWAHATI-
781006.
2:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPARTMENT
DISPUR
GUWAHATI - 781006.
3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS LEGAL
and HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI - 36.
4:DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI -29
5:FOREST BEAT OFFICER
Page No.# 2/78
JORABAT BEAT
KAMRUP EAST DIVISION
GUWAHATI -29
Advocate for the Petitioner : MR.Z ISLAM
Advocate for the Respondent :
Linked Case : WP(C) 6189/2017
1:B K SAW AND VENEER MILL PVT LTD
A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
1956
HAVING ITS REGISTERED OFFICE AT 12TH MILE
RI-BHOI DISTRICT
BYRNIHAT-793101
MEGHALAYA
REP. BY ITS AUTHORIZED SIGNATORY SRI KRISHNA AGARWAL
VERSUS
1:THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM
Advocate for the Petitioner : MS.P ADHIKARI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 5154/2017
1:KAMLANG SAW and VENEER MILLS PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
Page No.# 3/78
1956
HAVING ITS REGISTERED OFFICE AT PALASBARI
MOUZA- CHAYANI P.O. and P.S. PALASBARI DIST. KAMRUP
ASSAM REP. BY ITS AUTHORIZED SIGNATORY SRI ASHIT PAUL
VERSUS
1:THE STATE OF ASSAM and 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL
and HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI - 781036
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI-29
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT and KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI -29
ASSAM
6:THE RANGE FOREST OFFICER
PALASHBARI RANGE
MIZA DIST. KAMRUP
ASSAM
Advocate for the Petitioner : MS. S KUMARI
Page No.# 4/78
Advocate for the Respondent :
Linked Case : WP(C) 5310/2017
1:GITANJALI UDHYOG
A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OF THE
INDIAN PARTNERSHIP ACT
1932
HAVING ITS REGISTERED OFFICE AT PALASBARI
P.O. and P.S. PALASBARI- 781128
DIST. KAMRUP
ASSAM
REPRESENTED BY ITS PARTNER SRI PAWAN KUMAR HARLALKA.
VERSUS
1:THE STATE OF ASSAM and 5 ORS.
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL and HEAD OF
FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI-29
ASSAM.
5:THE FOREST BEAT OFFICER
JORABAT BEAT and KHANAPARA BEAT OFFICE
Page No.# 5/78
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI-29
ASSAM.
6:THE RANGE FOREST OFFICER
PALASBARI RANGE
MIRZA
DIST. KAMRUP
ASSAM.
Advocate for the Petitioner : MS.S KUMARI
Advocate for the Respondent :
Linked Case : WP(C) 4249/2017
1:M/S. FRONTIER WOOD CRAFT
A PROPRIETORSHIP FIRM HAVING ITS PLACE OF BUSINESS SITUATED AT
SEVAK ROAD
LOTHA COLLONEY
DIST. DIMAPUR
NAGALAND-797112
REP. BY ITS MANAGER
SRI PAWAN KUKMAR CHHAJER
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF ENVIRONMENT and FOREST
DISPUR
GUWAHTI - 781006
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI-781006
3:THE PRINCIAL CHIEF CONSERVATOR OF FOREST
LEGAL and HEAD OF FOREST FORCE
ASSAM PUNJABARI
GUWAHATI- 781036
ASSAM
Page No.# 6/78
4:THE DIVISIONAL FOREST OFFICER
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG
EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM
5:THE FOREST BEAT OFFICR
KHATKHATI BEAT KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM
Advocate for the Petitioner : MRS S KUMARI
Advocate for the Respondent :
Linked Case : WP(C) 3248/2018
1:M/S ITA KAKI SAW MILL
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS AND MANUFACTURING UNIT SITUATED
AT CHIMPU
DULUNGMUKH
LOWER SUBANSIRI
ARUNACHAL PRADESH
REP. BY ITS AUTHORIZED SIGNATORY
SRI DILWAR HUSSAIN
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST DISPUR
GHY-6
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY-6
ASSAM
Page No.# 7/78
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL)
HEAD OF FOREST FORCE
ASSAM PUNJABARI
GHY-36
ASSAM
4:THE DIVISIONAL FOREST OFFICER
LAKHIMPUR FOREST DIVISION
DIST- LAKHIMPUR
ASSAM
5:THE RANGE FOREST OFFICER
LAKHIMPUR FOREST RANGE
LAKHIMPUR
DIST- LAKHIMPUR
ASSAM
6:THE RANGE FOREST OFFICER
HARMOTI FOREST RANGE
HARMOTI
DIST- LAKHIMPUR
ASSAM
Advocate for the Petitioner : MR. I H BARBHUIYA
Advocate for the Respondent : SC
FOREST
Linked Case : WP(C) 342/2018
1:M/S. TZUDI FOREST PRODUCTS
A PROPRIETORSHIP FIRM
HAVING ITS MANUFACTURING UNIT AND PLACE OF BUSINESS SITUATED
AT TULI INDUSTRIAL ESTATE
21ST MILE
TULI
P.S. TULI
DIST-MOKOKCHUNG
NAGALAND-798618
REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI MITHILESH RAY
AGED ABOUT 32 YEARS
VERSUS
Page No.# 8/78
1:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GHY-6
ASSAM
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY-6
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
PANJABARI
GHY-36
ASSAM
4:THE DIVISIONAL FOREST OFFICER
SIVASAGAR RANGE
SIVASAGAR
ASSAM
5:THE RANGE OFFICER
SIVASAGAR RANGE
SIVASAGAR
ASSAM
6:THE FOREST BEAT OFFICER
HALUATING BEAT
SIVASAGAR DIVISION
SIVASAGAR-785681
ASSAM
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 6310/2017
1:TIMBER CRAFT and VENEER PRODUCTS INDIA PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
Page No.# 9/78
1956
HAVING ITS MANUFACTURING and REGISTERED OFFICE SITUATED AT
UMIAM INDUSTRIAL AREA
UMIAM
DIST. RI-BHOI- 793101
MEGHALAYA. REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI
PRAKASH KUMAR GANGWAL.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
DEPARTMENT OF ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL and HEAD OF
FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI-29
ASSAM.
5:THE FOREST BEAT OFFICER
JORABAT BEAT and KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI-29
ASSAM.
Advocate for the Petitioner : MS.P ADHIKARI
Advocate for the Respondent : GA
ASSAM
Page No.# 10/78
Linked Case : WP(C) 4231/2017
1:D.I. INDUSTRIES
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS SITUATED AT 7TH MILE
KHUWANALA ROAD
CHUMUKEDIMA
NAGALAND
DIST. DIMAPUR
NAGALAND
REP. BY ITS PROPRIETOR- SRI DIESELIE ISSAC SOLO.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GHY.-781006
ASSAM.
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GHY.-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR
FOREST LEGAL and HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GHY.-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
5:THE FOREST BEAT OFFICER
KHATKHATI BEAT
Page No.# 11/78
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent :
Linked Case : WP(C) 4990/2018
1:SHEWANG KONYAK
S/O. LANGTO KONYAK R/O. TIZIT
MON
P.O. AND P.S. TIZIT
DIST. MON (NAGALAND)-798602.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. AND FOREST
DISPUR
GUWAHATI
ASSAM-781006.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM.
4:THE DIVISIONAL FOREST OFFICER (DFO)
SIVASAGAR DIVISION
SIVASAGAR
DIST. SIVASAGAR
ASSAM-785640.
5:THE FOREST BEAT OFFICER
NAMTOLA
SONARI FOREST BEAT OFFICE
Page No.# 12/78
SIVASAGAR DIVISION
SIVASAGAR
DIST. SIVASAGAR
ASSAM-785640.
6:THE FOREST BEAT OFFICER
HAULUATING BEAT
SIVASAGAR DIVISION
SIVASAGAR
ASSAM
Advocate for the Petitioner : MR. J C GOGOI
Advocate for the Respondent : SC
FOREST
Linked Case : WP(C) 4212/2017
1:M/S. M.I. INDUSTRIES
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS SITUATED AT 7TH MILE
KOHIMA ROAD
OPPOSITE ICICI BANK NAGALAND
DIST. DIMAPUR
NAGALAND
REP. BY ITS AUTHORIZED SIGNATORY SRI BAJRANG LAL BUCHA
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF ENVIRONMENT and FOREST
DISPUR GUWAHATI- 781006
ASSAM
2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI - 781006
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL
and HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI - 781036
Page No.# 13/78
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM
5:THE FOREST BEAT OFFICER
KHATKHATI BEAT
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM
Advocate for the Petitioner : MS.P ADHIKARI
Advocate for the Respondent :
Linked Case : WP(C) 3141/2017
1:MEGHALAYA FOREST PRODUCT and ANR.
A PROPRIETORSHIP FIRM HAVING ITS PRIMARY PLACE OF BUSINESS AT
UMIAM INDUSTRIAL AREA
P.O. BARAPANI IN THE DIST. OF RI-BHOI
MEGHALAYA.
2: MANMOHAN AGARWAL
S/O SRI BABULALJI AGARWAL
AGED ABOUT 56 YEARS
RESIDENT OF 325
BAROOAH MARKET
M.G. ROAD
FANCY BAZAR
GUWAHATI- 781001
ASSAM AND POWER OF ATTORNEY HOLDER OF THE PETITIONER FIRM.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT
OF ENVIRONMENT and FOREST DISPUR
GUWAHATI - 781006.
2:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
Page No.# 14/78
ENVIRONMENT AND FOREST DEPARTMENT
DISPUR
GUWAHATI - 781006.
3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS LEGAL
and HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI -36
4:DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI - 29
5:FOREST BEAT OFFICER
JORABAT BEAT
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI -29
Advocate for the Petitioner : MR.S P SHARMA
Advocate for the Respondent :
Linked Case : WP(C) 2264/2018
1:RANGLUWA INDUSTRIAL PRODUCTS PRIVATE LIMITED
HAVING ITS OFFICE AT RUSSA
RANGLUWA
P.O. KANUBARI
DIST. LONGDING
ARUNACHAL PRADESH
REP. BY ON OF ITS DIRECTOR SRI BIJAY KUMAR AGARWALA
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GHY.
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPTT.
Page No.# 15/78
DISPUR
GUWAHATI
3:PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD OF
FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI
4:DIVISIONAL FOREST OFFICER
SIVASAGAR DIVISION
SIVASAGAR
ASSAM
5:RANGE OFFICER
BORHAT RANGE
SIVASAGAR DIVISION
ASSAM.
Advocate for the Petitioner : MR G KHANDELIA
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 4307/2017
1:ANGAMI PLYWOOD
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS SITUATED AT 7TH MILE
KHUVANALA ROAD
CHUMUKDIMA
NAGALAND
DIST. DIMAPUR
NAGALAND
REPRESENTED BY ITS PROPRIETOR MR. THEPFUKUO NAGI.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
Page No.# 16/78
ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL and HEAD OF
FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
5:THE FOREST BEAT OFFICER
KHATKHATI BEAT
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent :
Linked Case : WP(C) 4349/2018
1:M/S. SIANG WOOD PVT. LTD. AND 2 ORS.
A PRIVATE LIMITED FIRM HAVING ITS PLACE OF BUSINESS IN
ARUNACHAL PRADESH HAVING ITS REGISTERED OFFICE AND FACTORY
AT BOLENG
P.O. BOLENG EAST SIANG DISTRICT
ARUNACHAL PRADESH
REPRESENTED BY SRI TADOM TADUK
SON OF SRI TAMAK TADUK OF BOLENG
P.O. BOLENG EAST SIANG DISTRICT
ARUNACHAL PRADESH.
2: M/S PANGING FOREST PRODUCT
A PROPRIETORSHIP FIRM HAVING ITS OFFICE AND FACTORY AT VILLAGE-
BOLENG DISTRICT EAST SIANG
Page No.# 17/78
ARUNACHAL PRADESH REPRESENTED BY ITS ATTORNEY TAKKU JERANG
SON OF SRI DUBIN JERANG OF VILLAGE- YEMSING
DISTRICT- EAST SIANG ARUNACHAL PRADESH.
3: M/S YILBONG SAW MILL
A PROPREITARILY FIRM HAVING PLACE OF BUSINESS IN ARUNACHAL
PRADESH AND ITS OFFICE AND FACTORY AT VILLAGE MEBO IN EAST
SIANG DISTRICT
A.P. REPRESENTED BY ITS ATTORNEY SRI TANYUP TAGGU
SON OF LATE TAMUNG TAGGU OF VILLAGE- MIREM
P.O. AND P.O. BILAT EAST SIANG DISTRICT
ARUNACHAL PRADESH.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
DEPARTMENT OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI-781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI- 781036.
4:THE DIVISIONAL FOREST OFFICER
DHEMAJI FOREST DIVISION
DIST. DHEMAJI
ASSAM.
5:THE RANGE FOREST OFFICER
JONAL FOREST RANGE
JONAI
DIST. DHEMAJI
ASSAM.
Advocate for the Petitioner : MR. A KHALEQUE
Advocate for the Respondent : SC
FOREST
Page No.# 18/78
Linked Case : WP(C) 1016/2018
1:MAWSHYNRUT VENEER PRODUCTS
A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
1956 HAVING ITS MANUFACTURING AND REGISTERED OFFICE SITUATED
AT NONGSTOIN INDUSTRIAL ESTATE
NONGSTOIN
WEST KHASI HILLS
DIST- RI-BHOI
MEGHALAYA
REP. BY ITS AUTHORIZED SIGNATORY JATADHAR MISHRA
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST DISPUR
GHY-6
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY-6
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
(LEGAL) AND HEAD OF FOREST FORCE
ASSAM
PANJABARI
GHY-36
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION BASISTHA
GHY-29
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION BASISTHA
GHY-29
ASSAM
Page No.# 19/78
Advocate for the Petitioner : MR. K D CHETRI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 84/2018
1:M/S. NAGINIMORA TIMBER INDUSTRIES
A PROPRIETORSHIP FIRM
HAVING ITS MANUFACTURING UNIT AND PLACE OF BUSINESS SITUATED
AT 20TH MILE
TULI
P.S. TULI
DIST. MOKOKCHUNG
NAGALAND- 798613
REP. BY ITS AUTHORIZED SIGNATORY
SRI MITHILESH RAY
VERSUS
1:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI - 781006
ASSAM
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL)
AND HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI- 781036
ASSAM
4:THE DIVISIONAL FOREST OFFICER
Page No.# 20/78
SIVASAGAR RANGE
SIVASAGAR
ASSAM
5:THE RANGE OFFICER
SIVASAGAR RANGE
SIVASAGAR
ASSAM
6:THE FOREST BEAT OFFICER
HALUATING BEAT
SIVASAGAR DIVISION
SIVASAGAR
ASSAM
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 384/2018
1:M/S. PASHUPATI TIMBER
A SOLE-PROPRIETORSHIP CONCERN HAVING ITS DEPOT AND SIZING UNIT
AT B R PHOOKAN ROAD
KUMARPARA PANCHALI
RAILWAY GATE
GHY-9
KAMRUP (M)
ASSAM REPRESENTED BY IT'S SOLE-PROPRIETOR MR. SANJAY KR. JAIN
AGE- 53 YEARS
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GHY-6
2:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
Page No.# 21/78
ENVIRONMENT AND FOREST DEPTT.
DISPUR
GHY-6
3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS (LEGAL) AND HEAD OF
FOREST FORCE
ASSAM
PUNJABARI
GHY-36
4:DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GHY-29
5:FOREST BEAT OFFICER
FOREST BEAT OFFICE
KHANAPARA BEAT
GUWAHATI
Advocate for the Petitioner : MR. D SARAF
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 1187/2018
1:PRIYANG SAW CUM VENEER MILLS
A CO. INCORPORATED UNDER THE COMPANIES ACT
1956 HAVING ITS MANUFACTURING AND REGD. OFFICE SITUATED AT
INDUSTRIAL ESTATE COMPLEX
KHLICHTYRSHI
JOWAI
JAYANTIA HILLS DISTRICT
REP. BY ITS AUTHORIZED SIGNATORY JATADHAR MISHRA
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GHY.
ASSAM
2:THE PRINCIPAL SECRETARY
Page No.# 22/78
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY.
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
(LEGAL) AND HEAD OF FOREST FORCE
ASSAM
PANJABARI
GHY.
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION BASISTHA
GUWAHATI
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION
BASISTHA
GUWAHATI
ASSAM
Advocate for the Petitioner : MR. K D CHETRI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 3247/2018
1:M/S BHARAT SAW MILL
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS AND MANUFACTURING UNIT SITUATED
AT ZERO ROAD
KIMIN
PAPUM PARE
ARUNACHAL PRADESH
REP. BY ITS AUTHORIZED SIGNATORY
DRI DILWAR HUSSAIN
AGE- 51 YRS
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
Page No.# 23/78
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST DISPUR
GHY-6
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY-6
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL)
HEAD OF FOREST FORCE
ASSAM PUNJABARI
GHY-36
ASSAM
4:THE DIVISIONAL FOREST OFFICER
LAKHIMPUR FOREST DIVISION
DIST- LAKHIMPUR
ASSAM
5:THE RANGE FOREST OFFICER
LAKHIMPUR FOREST RANGE
LAKHIMPUR
DIST- LAKHIMPUR
ASSAM
6:THE RANGE FOREST OFFICER
HARMOTI FOREST RANGE
HARMOTI
DIST- LAKHIMPUR
ASSAM
Advocate for the Petitioner : MR. I H BARBHUIYA
Advocate for the Respondent : SC
FOREST
Linked Case : WP(C) 8442/2018
1:M/S. PHILIMAI SUPHAI TIMBER DEPOT
A PROPRIETORSHIP FIRM
HAVING ITS MANUFACTURING UNIT AND PLACE OF BUSINESS SITUATED
AT BORBHUIN
Page No.# 24/78
16TH MILE
BYRNIHAT
P.O. BYRNIHAT
DISTRICT RI-BHOI
MEGHALAYA- 793101. REPRESENTED BY ITS AUTHORIZED SIGNATORY
MR. BINOY VERMA
AGED ABOUT 45 YEARS.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
PANJABARI
GUWAHATI- 781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI- 29
ASSAM.
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI- 29
ASSAM.
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent : SC
FOREST
Page No.# 25/78
Linked Case : WP(C) 1264/2018
1:MAWTHLLIANG WOOD PRODUCTS PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
1956 HAVING ITS REGD OFFICE AND MANUFACTURING AT UMIAM
INDUSTRIAL AREA
UMIAM
BARAPANI
DIST- RI BHOI
MEGHALAYA- 793103
REP. BY AUTHORISED SIGNATORY SRI SANJAY BORAH
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
DEPTT OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006
ASSAM
2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
PANJABARI
GUWAHATI- 36
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI- 29
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION
Page No.# 26/78
BASISTHA
GHY- 29
ASSAM
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 4289/2017
1:M/S. NAGALAND WOOD INDUSTRIES
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS SITUATED AT TENIPHY VILLAGE-II
CHUMUKEDIMA
DIMAPUR
DIST. DIMAPUR
NAGALAND
REP.BY ITS MANAGER
SRI PAWAN KUMAR CHHAJER
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI - 781006
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GUWAHATI - 781006
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL
and HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI - 781036
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KHATKHATI FOREST CHECK GATE
Page No.# 27/78
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM
5:THE FOREST BEAT OFFICER
KHATKHATI BEAT
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
Advocate for the Petitioner : MS.P ADHIKARI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 3275/2018
1:M/S R M TIMBER
A SOLE PROPRIETORSHIP CONCERN HAVING ITS DEPOT AND SIZING UNIT
AT PACHIM BORAGAON
GHY
KAMRUP (M) ASSAM REP. BY ITS SOLE PROPRIETOR- MR. RAJESH KUMAR
KARWA
VERSUS
1:STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GHY-6
2:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPTT.
DISPUR
GHY-6
3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS (LEGAL) AND HEAD OF
FOREST FORCE
ASSAM
PUNJABARI
GHY-36
Page No.# 28/78
4:DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GHY-29
5:FOREST BEAT OFFICER
FOREST BEAT OFFICE
KHANAPARA BEAT
GHY
Advocate for the Petitioner : MR. D SARAF
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 5152/2017
1:M.N. SAW CUM VENEER MILLS P LTD. and ANR.
A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
1956
HAVING ITS REGISTERED OFFICE AT BARAPANI INDUSTRIAL AREA
P.O. UMIAM DIS.T RI-BHOI
MEGHALAYA
REP. BY ITS DIRECTOR
SRI RAJENDRA KUMAR SUREKA
2: SRI RAJENDRA KUMAR SUREKA
S/O LT. PRAHLAD RAI SUREKA
AGED ABOUT 60 YEARS
A RESIDENT OF 325
BAROOAH MARKET
M.G. ROAD
FANCY BAZAR
GUWAHATI - 781001
AND THE DIRECTOR OF THE PETITIONER COMPANY.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF ENVIRONMENT and FOREST
DISPUR
GUWAHATI - 781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
Page No.# 29/78
DISPUR
GUWAHATI- 781006
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL
and HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI - 781036
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI -29
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT and KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI-29
ASSAM.
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent :
Linked Case : WP(C) 211/2018
1:M/S. GREEN WOOD INDUSTRIES
A PROPRIETORSHIP FIRM
HAVING ITS MANUFACTURING UNIT AND PLACE OF BUSINESS SITUATED
AT LONGTHO INDUSTRIAL ESTATE
P.O. AND P.S. MANKULAMBA
DIST. MOKOKCHUNG
NAGALAND-788604
REPRESENTED BY ITS PROPRIETOR SRI TEMJENKABA KIREMLIBA.
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
DEPARTMENT OF ENVIRONMENT AND FOREST
DISPUR
Page No.# 30/78
GUWAHATI-781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
JORHAT DIVISION
JORHAT
ASSAM.
5:THE RANGE OFFICER
MARIANI RANGE
JORHAT
ASSAM.
6:THE FOREST BEAT OFFICER
NEW SONOWAL BEAT
NEW SONOWAL
JORHAT-785110
ASSAM.
7:THE FOREST BEAT OFFICER
JORABAT AND KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI-29
ASSAM.
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 5472/2018
1:WANGAI KONYAK
Page No.# 31/78
SON OF KHAMPEI KONYAK
RESIDENT OF TIZIT
LAPA LAMPONG VILLAGE-UR
DISTRICT- MON
NAGALAND
PIN- 798602.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPTT.
DISPUR
GUWAHATI-6.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
PANJABARI
GUWAHATI- 36.
4:THE DIVISIONAL FOREST OFFICER (DFO)
SIVASAGAR DIVISION
SIVASAGAR
DIST. SIVASAGAR
ASSAM
PIN- 781036.
5:THE FOREST BEAT OFFICE
NAMTOLA
SONARI FOREST BEAT OFFICE
SIVASAGAR DIVISION
SIVASAGAR
DIST. SIVASAGAR
ASSAM
PIN- 781040.
6:THE FOREST BEAT OFFICE
HAULUATING BEAT
SIVASAGAR DIVISION
SIVASAGAR
DIST. SIVASAGAR
Page No.# 32/78
ASSAM
PIN- 781040.
Advocate for the Petitioner : MR. U K DAS
Advocate for the Respondent : SC
FOREST
Linked Case : WP(C) 1150/2018
1:M/S. LODRI LYNGDOH
HAVING ITS MANUFACTURING AND REGD. OFFICE SITUATED AT UMIAM
INDUSTRIAL ESTATE
UMIAM
DIST. RI-BHOI
MEGHALAYA
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST DISPUR
GHY.
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST
DISPUR
GHY.
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
(LEGAL) AND HEAD OF FOREST FORCE
ASSAM
PANJABARI
GHY.
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION BASISTHA
GUWAHATI
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION
BASISTHA
Page No.# 33/78
GHY.
ASSAM
Advocate for the Petitioner : MR. K D CHETRI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 298/2018
1:M/S MARBANIANG SAW MILL
A PROPRIETORSHIP FIRM
HAVING ITS MANUFACTURING AND PROCESSING UNIT AND PLACE OF
BUSINESS SITUATED AT UMIAM INDUSTRIAL AREA
P.S. UMIAM
DIST. RIBHOI
MEGHALAYA
REP. BY SRI BATSKHEM RYNTATHIANG
VERSUS
1:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GHY.
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY.
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR
FOREST (LEGAL) AND HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GHY.
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI
Page No.# 34/78
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI
ASSAM.
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 1101/2018
1:L.L. NONGRUM TIMBER INDUSTRIES
HAVING ITS MANUFACTURING AND REGD. OFFICE SITUATED AT UMIAM
INDUSTRIAL ESTATE
UMIAM
DIST. RI-BHOI
MEGHALAYA
REP. BY ITS AUTHORIZED SIGNATORY JATADHAR MISHRA
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT OF ENVIRONMENT AND FOREST
DISPUR
GHY.
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY.
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
LEGAL AND HEAD OF FOREST FORCE
ASSAM
PANJABARI
GUWAHATI
ASSAM
Page No.# 35/78
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION BASISTHA
GHY.
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION
BASISTHA
GHY.
ASSAM
Advocate for the Petitioner : MR. K D CHETRI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 4834/2018
1:M/S. MEBO TIMBER TRADE
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS AND MANUFACTURING UNIT SITUATED
AT KIYIT VILLAGE
EAST SIANG
ARUNACHAL PRADESH.
REP. BY ITS AUTHORIZED SIGNATORY
SHRI MIDA TAYENG
AGE ABOUT 42 YEARS.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR
GUWAHATI - 781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI - 781006
ASSAM.
3:THE CHIEF CONSERVATOR OF FORESTS
ASSAM
Page No.# 36/78
PANBAZAR
GUWAHATI - 781001.
4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
(LEGAL) AND HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI - 781036
ASSAM.
5:THE DIVISIONAL FOREST OFFICER
DHEMAJI FOREST DIVISION
DIST. DHEMAJI
ASSAM
6:THE RANGE FOREST OFFICER
JONAI FOREST RANGE
JONAI DIST. DHEMAJI
ASSAM.
Advocate for the Petitioner : MR. I H BARBHUIYA
Advocate for the Respondent : SC
FOREST
Linked Case : WP(C) 919/2018
1:AMBIKA WOOD PRODUCTS PVT LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT 17TH MILE INDUSTRIAL ESTATE
JAIRAMPUR
DIST. CHANGLANG
ARUNACHAL PRADESH
REP. BY ONE OF ITS DIRECTOR SRI SUSHIL KHEMANI.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI - 781006.
Page No.# 37/78
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPARTMENT
DISPUR
GUWAHATI -781006.
3:PRINCIPAL CHIEF CONSERVATOR OF FOREST
(LEGAL ) AND HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI - 36.
4:DIVISIONAL FOREST OFFICER
DIGBOI DIVISION
DIGBOI
TINSUKIA
ASSAM - 786171.
5:THE RANGE OFFICER
JAGUN RANGE
DIGBOI DIVISION
ASSAM
Advocate for the Petitioner : MR G KHANDELIA
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 3244/2018
1:M/S K.M. SAW MILL
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS AND MANUFACTURING UNIT SITUATED
AT EAST SIANG
PASIGHAT
ARUNACHAL PRADESH
REP. BY ITS AUTHORIZED SIGNATORY SRI KESHAV PANDEY
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST DISPUR
Page No.# 38/78
GHY-6
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY-6
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL)
HEAD OF FOREST FORCE
ASSAM PUNJABARI
GHY-36
ASSAM
4:THE DIVISIONAL FOREST OFFICER
DHAMEJI FOREST DIVISION
DIST- DHEMAJI
ASSAM
5:THE RANGE FOREST OFFICER
JONAI FOREST RANGE
JONAI
DIST- DHEMAJI
ASSAM
Advocate for the Petitioner : MR. I H BARBHUIYA
Advocate for the Respondent : SC
FOREST
Linked Case : WP(C) 953/2018
1:CHATTONG FORESTS PRODUCTS PVT LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT RANGLUA INDUSTRIAL ESTATE (KANUABARI)
DIST. LONGDING
ARUNACHAL PRADESH
REP BY ONE OF ITS DIRECTOR SRI ANUP KESHAN.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
Page No.# 39/78
DEPARTMENT OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI - 781006.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPARTMENT
DISPUR
GUWAHATI- 781006.
3:PRINCIPAL CHIEF CONSERVATOR OF FOREST
(LEGAL) AND HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI - 36.
4:DIVISINAL FOREST OFFICER
SIVASAGAR DIVISION
SIVASAGAR
ASSAM
5:RANGE OFFICER
BORHAT RANGE
SIVASAGAR DIVISION
ASSAM
Advocate for the Petitioner : MR G KHANDELIA
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 370/2019
1:NAMPONG PLY (P) LTD.
A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
1956
HAVING ITS REGD. OFFICE SITUATED AT 17TH MILE
JAIRAMPUR
DIST. CHANGLANG
ARUNACHAL PRADESH-792121
REP. BY ITS DIRECTOR SRI SUNIL AGARWAL.
VERSUS
1:THE STATE OF ASSAM AND 6 ORS.
Page No.# 40/78
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI-781006
ASSAM.
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
DOOM DOOMA DIVISION
DIST. TINSUKIA
ASSAM.
5:THE FOREST BEAT OFFICER
KAKOPATHER BEAT OFFICE
DOOM DOOMA DIVISION
DIST. TINSUKIA
ASSAM.
6:THE FOREST BEAT OFFICER
JAGUN RANGE BEAT OFFICE
DIGBOI DIVISION
DIST. DIGBOI
ASSAM.
7:THE FOREST BEAT OFFICER
MARGHERITA WEST RANGE
DIGBOI DIVISION
DIST. TINSUKIA
ASSAM.
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent : SC
FOREST
Page No.# 41/78
Linked Case : WP(C) 4311/2017
1:M/S. SOLAR TIMBERS PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
1956
HAVING ITS REGISTERED OFFICE AT 4TH MILE
KOHIMA ROAD
DIMAPUR
NAGALAND and MANUFACTURING UNIT AT 7TH MILE
D.K. ROAD
DIMAPUR
DIST. DIMAPUR
NAGALAND
REPRESENTED BY ITS DIRECTOR SRI MAHENDRA KUMAR MAHESWARI.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL and HEAD OF
FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
5:THE FOREST BEAT OFFICER
Page No.# 42/78
KHATKHATI BEAT
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent :
Linked Case : WP(C) 4408/2018
1:M/S. ALO-AO-SAW MILL AND ANR.
R/O. VILL. DONGA KAMKA
P.O. AND P.S. KAMBA
WEST SIANG DISTRICT
ARUNACHAL PRADESH
REP. BY ATTORNEY SHEI HORBA LOYI OF VILL. PAKAM
P.O. AND P.S. ALONG WEST SIANG DISTRICT.
2: M/S. KARLO FOREST PRODUT
P.O. KAMBA WEST SIANG DISTRICT
ARUNACHAL PRADESH
REP. BY ATTORNEY- SRI MARKEN ETE
S/O. SHRI LIHAR ETE
P.O. AND P.S. AALO
WEST SIANG DISTRICT
ARUNACHAL PRADESH.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST DISPUR
GUWAHATI
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI
Page No.# 43/78
4:THE DIVISIONAL FOREST OFFICER
DHEMAJI FOREST DIVISION
DIST. DHEMAJI
ASSAM.
5:THE RANGE FOREST OFFICER
JONAL FOREST RANGE
JONAI
DIST. DHEMAJI
ASSAM.
Advocate for the Petitioner : MR. A KHALEQUE
Advocate for the Respondent : SC
FOREST
Linked Case : WP(C) 5135/2017
1:CENT PLY DIVISION
A DIVISION OF CENTURY PLYBOARDS I LTD. HAVING ITS REGD. OFFICE
AT VILL. KOKJHAR
MIRZA PALASBARI ROAD
P.O. and P.S. PALASBARI
DIST. KAMRUP
ASSAM
REP. BY ITS AUTHORIZED SIGNATORY SRI NARENDRA PRATAP SINGH.
VERSUS
1:THE STATE OF ASSAM and 5 ORS.
RE.P. BY THE COMM. and SECY. TO THE TOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GHY.-781006
ASSAM.
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GHY.-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATION OF FOREST
LEGAL and HEAD OF FOREST FORCE
Page No.# 44/78
ASSAM
PUNJABARI
GHY.-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
JARABAT CHECK GATE
JARABAT
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI-29
ASSAM.
5:THE FOREST BEAT OFFICER
JARABAT BEAT
KAMRUP EAST DIVISION
BASISTHA
GHY.-29
ASSAM.
6:THE RANGE FOREST OFFICER
PALASBARI RANGE
MIRZA
DIST. KAMRUP
ASSAM.
Advocate for the Petitioner : MS.P ADHIKARI
Advocate for the Respondent :
Linked Case : WP(C) 280/2018
1:M/S. SELECTED TIMBER INDUSTRIES
A PROP FIRM HAVING ITS MANUFACTURING UNIT AND PLACE OF
BUSINESSSITUATED AT LONGTHO INDUSTRIAL ESTATE
P.O AND P.S- MANGKULEMBA
DIST- MOKOKCHUNG
NAGALAND- 798604
REP. BY ATTORNEY HOLDER SRI AJIT CHAKRABORTY
VERSUS
1:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
Page No.# 45/78
GUWAHATI- 781006
ASSAM
2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY- 06
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST(LEGAL) AND HEAD OF
FOREST FORCE
ASSAM
PANJABARI
GHY- 36
ASSAM
4:THE DIVISIONAL FOREST OFFICER
JORHAT DIVISION
JORHAT
ASSAM
5:THE RANGE OFFICER
MARIANI RANGE
JORHAT DIVISION
ASSAM
6:THE FOREST BEAT OFFICER
NEW SONOWAL BEAT
NEW SONOWAL
MARIANI
JORHAT- 785110
ASSAM
7:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI- 29
ASSAM
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 6305/2018
Page No.# 46/78
1:M/S KARMI SAW MILLS AND FOOD FOREST PRODUCT PVT LTD
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS AND MANUFACTURING UNIT SITUATED
AT VILL-LIKABALI
WEST SIANG
ARUNACHAL PRADESH
REP. BY ITS AUTHORIZED SIGNATORY
SRI RELI KENA
AGED ABOUT 38 YRS
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST DISPUR
GHY-6
ASSAM
2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY-6
ASSAM
3:THE SPECIAL CHIEF CONSERVATOR OF FOREST(I)
UPPER ASSAM ZONE
KACHARIGHAT
PANBAZAR
GHY-1
4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
PUNJABARI
GHY-36
ASSAM
5:THE DIVISIONAL FOREST OFFICER
DHEMAJI FOREST DIVISION
DHEMAJI
DIST- DHEMAJI
ASSAM
6:THE RANGE FOREST OFFICER
JONAI FOREST RANGE
JONAI
Page No.# 47/78
DIST- DHEMAJI
ASSAM
Advocate for the Petitioner : MR. I H BARBHUIYA
Advocate for the Respondent : SC
FOREST
Linked Case : WP(C) 5325/2017
1:PURBANCHAL TIMBER INDUSTRIES
A DIVISION OF CENTURY PLYBOARDSI LTD.
A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
1956
HAVING ITS REGISTERED OFFICE AT MIRZA- PALASBARI ROAD
P.O. and P.S. PALASBARI
DIST. KAMRUP
ASSAM. REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI NARENDRA
PRATAP SINGH.
VERSUS
1:THE STATE OF ASSAM and 5 ORS.
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL and HEAD OF
FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
JARABAT CHECK GATE
JARABAT
Page No.# 48/78
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI-29
ASSAM.
5:THE FOREST BEAT OFFICER
JARABAT BEAT
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI-29
ASSAM.
6:THE RANGE FOREST OFFICER
PALASBARI RANGE
MIRZA
DIST. KAMRUP
ASSAM.
Advocate for the Petitioner : MS.P ADHIKARI
Advocate for the Respondent :
Linked Case : WP(C) 5217/2018
1:G. G. TIMBERS AND VENEERS
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS AND PROCESSING UNIT SITUATED AT
BARAPANI INDUSTRIAL AREA
PO UMIAM
UMIAM
DIST- RI-BHOI
MEGHALAYA
REP. BY ITS PROPRIETOR
SMT. VANDANA SOGANI GUPTA
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GHY-6
ASSAM
2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
Page No.# 49/78
ENVIRONMENT ND FOREST
DISPUR
GHY-6
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
PUNJABARI
GHY-36
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GHY-29
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION
BASISTHA
GHY-29
ASSAM
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent : SC
FOREST
Linked Case : WP(C) 4216/2017
1:CHANGKI VALLEY FOREST PRODUCTS PVT. LTD.
HAVING ITS REGD. OFFICE AT 7TH MILE
KHUVANALA ROAD
CHUMUKEDIMA
NAGALAND and DIST. DIMAPUR
NAGALAND
REP. BY ITS DIRECTOR CUM AUTHORIZED SIGNATORY SRI VATI TENZEN
AO.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
Page No.# 50/78
DISPUR
GHY.-781006
ASSAM.
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GHY.-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL and HEAD OF
FOREST FORCE
ASSAM
PANJABARI
GHY.-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
5:THE FOREST BEAT OFFICER
KHATKHATI BEAT
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent :
Linked Case : WP(C) 1090/2018
1:MANROI SAWMILL
A COPMANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
1956 HAVING ITS MANUFACTURING AND REGD. OFFICE SITUATED AT
NONGSTOIN INDUSTRIAL ESTATE
NONGSTOIN
WEST KHASI HILLS
DIST. MEGHALAYA
Page No.# 51/78
REP. BY ITS AUTHORIZED SIGNATORY JATADHAR MISHRA
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST DISPUR
GHY.
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY.
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
LEGAL AND HEAD OF FOREST FORCE
ASSAM
PANJABARI
GUWAHATI
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION BASISTHA
GUWAHATI
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION
BASISTHA
GUWAHATI
ASSAM
Advocate for the Petitioner : MR. K D CHETRI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 1186/2018
1:SHARON FOREST PRODUCTS
A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
1956 HAVING ITS MANUFACTURING AND REGISTERED OFFICE SITUATED
Page No.# 52/78
AT MEKOKCHUNG
NAGALAND
REP. BY ITS AUTHORIZED SIGNATORY JATADHAR MISHRA
VERSUS
1:THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST DISPUR
GHY-6
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY-6
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
(LEGAL) AND HEAD OF FOREST FORCE
ASSAM
PANJABARI
GHY-36
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION BASISTHA
GHY-29
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION BASISTHA
GHY-29
ASSAM
Advocate for the Petitioner : MR. K D CHETRI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 969/2018
1:M/S. EVEREST FOREST PRODUCTS
A PROPRIETORSHIP FIRM
Page No.# 53/78
HAVING ITS MANUFACTURING UNIT AND PLACE OF BUSINESS SITUATED
AT MILAK INDUSTRIAL ESTATE
8TH MILE
TULI
YAZANG ROAD
P.S. TULI
DIST. MOKOKCHUNG
NAGALAND- 798618
REP. BY ITS AUTHORIZED SIGNATORY
SRI BINOY VERMA
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI - 781006
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI - 781006
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL)
AND HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI - 781036
ASSAM
4:THE DIVISIONAL FOREST OFFICER
SIVASAGAR RANGE
SIVASAGAR
ASSAM
5:THE RANGE OFFICER
Page No.# 54/78
SIVASAGAR RANGE
SIVASAGAR
ASSAM
6:THE FOREST BEAT OFFICER
HALUATING BEAT
SIVASAGAR DIVISION
SIVASAGAR-785681
ASSAM
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 4824/2018
1:M/S. AGAM WOOD PRODUCTS
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS AND MANUFACTURING UNIT SITUATED
AT VILLAGE- SILLI
MEBO
EAST SIANG
ARUNACHAL PRADESH.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006
ASSAM.
3:THE CHIEF CONSERVATOR OF FORESTS
ASSAM
PANBAZAR
GUWAHATI- 781001.
Page No.# 55/78
4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI- 781036
ASSAM.
5:THE DIVISIONAL FOREST OFFICER
DHEMAJI FOREST DIVISION
DHEMAJI
DIST. DHEMAJI
ASSAM.
6:THE RANGE FOREST OFFICER
JONAI FOREST RANGE
JONAI
DIST. DHEMAJI
ASSAM.
Advocate for the Petitioner : MR. I H BARBHUIYA
Advocate for the Respondent : SC
FOREST
Linked Case : WP(C) 1164/2018
1:MAMATA VENEER PRODUCTS
A CO. INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT
1956 HAVING ITS MANUFACTURING AND REGD. OFFICE SITUATED AT
UMIAM INDUSTRIAL ESTATE
UMIAM
DIST. RI-BHOI
MEGHALAYA
REP. BY ITS AUTHORIZED SIGNATORY JATADHAR MISHRA
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST DIEPUR
GHY.
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST
DISPUR
Page No.# 56/78
GHY.
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
(LAGAL) AND HEAD OF FOREST FORCE
ASSAM
PANJABARI
GHY.
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION BASISTHA
GUWAHATI
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION
BASISTHA
GHY.
ASSAM
Advocate for the Petitioner : MR. K D CHETRI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 4284/2017
1:M/S. TRIGREEN VENEER INDUSTRIES PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
1956
HAVING ITS REGISTERED OFFICE AT 7TH MILE
KHUVANALA ROAD
CHUMUKEDIMA
NAGALAND and DIST. DIMAPUR
NAGALAND
REP. BY ITS DIRECTOR
SRI SUSHIL KUMAR SHARMA
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF ENVIRONMENT and FOREST
Page No.# 57/78
DISPUR
GUWAHATI - 781006
ASSAM
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GUWAAHTI - 781006
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL
and HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI - 781036
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST.KARBI ANGLONG
ASSAM
5:THE FOREST BEAT OFFICER
KHATKHATI BEAT
KHATKHATI FOREST CHECK
GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent :
Linked Case : WP(C) 4310/2017
1:ABOI TIMBER INDUSTRIES
A PARTNERSHIP FIRM
REGISTERED UNDER THE PROVISION OF THE INDIAN PARTNERSHIP ACT
1932 HAVING ITS REGISTERED OFFICE AT 7TH MILE
KHUVANALA ROAD
INDUSTRIAL ESTATE
CHUMUKEDIMA
NAGALAND and DIST. DIMAPUR
Page No.# 58/78
NAGALAND
REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI RAVI AGARWAL.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL and HEAD OF
FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
5:THE FOREST BEAT OFFICER
KHATKHATI BEAT
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
Advocate for the Petitioner : MS.P ADHIKARI
Advocate for the Respondent :
Linked Case : WP(C) 5057/2017
Page No.# 59/78
1:CONTINENTAL VENEER AND SAW MILLS and ANR.
A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OF THE
INDIAN PARTNERSHIP ACT
1932
HAVING ITS REGISTERED OFFICE AT BYRNIHAT INDUSTRIAL AREA
P.O. BYRNIHAT
DIST. RI-BHOI
MEGHALAYA
REPRESENTED BY ITS MANAGER SRI ANIL KUMAR JAIN.
2: ANIL KUMAR JAIN
S/O. SRI MOHANLAL JAIN
AGED ABOUT-49 YEARS
A RESIDENT OF A.T. ROAD
GUWAHATI-781001 AND THE MANAGER OF THE PETIONER FIRM.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL and HEAD OF
FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI-29
ASSAM.
5:THE FOREST BEAT OFFICER
JORABAT BEAT and KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION
BASISTHA
Page No.# 60/78
GUWAHATI-29
ASSAM.
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent :
Linked Case : WP(C) 3211/2017
1:MOKOKCHUNG SAW and VENEERS PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 HAVING ITS REGISTERED OFFICE AT PANCHAJANYA BHAWAN
BLOCK 'B'
1ST FLOOR
BARTHAKUR MILL ROAD
ULUBARI
GUWAHATI-781007
DIST. KAMRUPM
ASSAM
AND PROCESSING UNIT AT TULI
DIST. MOKOKCHUNG
NAGALAND
PIN-798618
REP. BY MR. ARUNANGSHU CHAKRABORTY
ASSTT. MANAGER-ADMIN and LAISON OF THE PETITIONER COMPANY.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006.
2:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST DEPTT.
DISPUR
GUWAHATI-781006.
3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS LEGAL and HEAD OF
FOREST FORCE
ASSAM
PANJABARI
GUWAHATI-36.
Page No.# 61/78
4:DIVISIONAL FOREST OFFICER
SIVASAGAR DIVISION
P.O. SIVASAGAR
ASSAM
PIN-785640.
5:FOREST BEAT OFFICER
HALUATING BEAT
SIVASAGAR DIVISION
P.O. SIVASAGAR
ASSAM
PIN-785640.
Advocate for the Petitioner : MR.Z ISLAM
Advocate for the Respondent :
Linked Case : WP(C) 328/2018
1:M/S. LONGNAK TIMBER INDUSTRIES PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT 1956 HAVING ITS REGD OFFICE SITUATED AT MONKOLEMBA
INDUSTRIES ESTATE
P.O AND P.S- MONKOLEMBA
DIST- MOKOKCHUNG
NAGALAND- 798604
REP. BY ITS AUTHORISED SIGNATORY MR. CHARITRA SINGH
VERSUS
1:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
DEPTT.
OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006
ASSAM
2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY- 06
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST(LEGAL) AND HEAD OF
FOREST FORCE
Page No.# 62/78
PUNJABARI
GHY- 36
ASSAM
4:THE DIVISIONAL FOREST OFFICER
JORHAT DIVISION
JORHAT
ASSAM
5:THE RANGE OFFICER
MARIANI RANGE
JORHAT
ASSAM
6:THE FOREST BEAT OFFICER
NEW SONOWAL BEAT
NEW SONOWAL
JORHAT- 785110
ASSAM
7:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI- 29
ASSAM
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 2527/2018
1:M/S B K TIMBER INDUSTRIES
COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
1956 HAVING ITS REGISTERED OFFICE AT UMTRU ROAD
BYRNIHAT AND MANUFACTURING UNIT AT UMIAM INDUSTRIAL ESTATE
UMIAM
DIST- RIBHOI
MEGHALAYA
REP. BY ITS AUTHORIZED SIGNATORY JATADHAR MISHRA
VERSUS
Page No.# 63/78
1:THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST DISPUR
GHY-6
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GHY-6
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
PANJABARI
GHY-36
ASSAM
4:THE DIVISIONAL FOREST OFFICE
KAMRUP EAST DIVISION
BASISTHA
GHY-29
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION
BASISTHA
GHY-29
ASSAM
Advocate for the Petitioner : MR B DAS
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 2299/2018
1:M/S MEGHALAYA PINE FOREST PRODUCTS
A PROPRIETORSHIP FIRM HAVING ITS MANUFACTURING UNIT AND
PLACE OF BUSINESS SITUATED AT 14 MILE
BYRNIHAT
G S ROAD
P.O- BYRNIHAT
DIST- RI BHOI
MEGHALAYA- 793101
Page No.# 64/78
REP. BY ITS DIRECTOR SRI RAJESH KUMAR MURARKA
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
DEPTT OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006
ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT OF ASSAM
ENVIRONMENT AND FOREST
DISPUR
GUWAHATI- 781006
ASSAM
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI- 781036
ASSAM
4:THE DIVISIONAL FOREST OFFICER
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI- 29
ASSAM
5:THE FOREST BEAT OFFICER
JORABAT BEAT AND KHANAPARA BEAT OFFICE
KAMRUP EAST DIVISION
BASISTHA
GUWAHATI- 29
ASSAM
Advocate for the Petitioner : MR A TEWARI
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 4296/2017
1:SUHANI VENEER and SAW MILLS
Page No.# 65/78
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS SITUATED AT 7TH MILE
KHUVANALA ROAD
CHUMUKDIMA
TENYIPHE-1
NAGALAND
DIST. DIMAPUR
NAGALAND
REPRESENTED BY ITS PROPRIETOR SRI SUSHIL KUMAR SHARMA.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL and HEAD OF
FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
5:THE FOREST BEAT OFFICER
KHATKHATI BEAT
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
Page No.# 66/78
Advocate for the Petitioner : MRSS KUMARI
Advocate for the Respondent :
Linked Case : WP(C) 4246/2017
1:M/S. SARAMATI VENEER and SAW MILL UNIT
A PROPRIETORSHIP FIRM
HAVING ITS PLACE OF BUSINESS SITUATED AT 7TH MILE
KOHIMA ROAD
OPPOSITE ICICI BANK
DIST. DIMAPUR
NAGALAND
REP. BY ITS POWER OF ATTORNEY HOLDER SRI BAJRANGLAL BUCHA.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GHY.-781006
ASSAM.
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GHY.-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR
FOREST LEGAL and HEAD OF FOREST FORCE
ASSAM
PUNJABARI
GHY.-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
5:THE FOREST BEAT OFFICER
Page No.# 67/78
KHATKHATI BEAT
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
Advocate for the Petitioner : MS.P ADHIKARI
Advocate for the Respondent :
Linked Case : WP(C) 8768/2018
1:TIPI TIMBER INDUSTRIES LLP AND ANR.
A LIMITED LIABILITY PARTNERSHIP FIRM HAVING ITS REGD. OFFICE AT
WAISANG INDUSTRIAL
RANGLUA
P.O. AND P.S. KANUBARI
DIST. LONGDDING ARUNACHAL PRADESH
PIN-792130 (REP. BY ITS DESIGNATED PARTNER SRI NIMISH PATWARI I.E.
PETITIONER NO. 2.
2: NIMISH PATWARI
S/O. SRI SATYANARAYAN AGARWALLA
R/O. NAU PUKHRI ROAD TINSUKIA
ASSAM
DESIGNATED PARTNER OF THE PETITIONER NO.1.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI
ASSAM-781006.
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
DISPUR
GUWAHATI
ASSAM-781006.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (LEGAL) AND HEAD
OF FOREST FORCE
ASSAM
Page No.# 68/78
PANJABARI
GUWAHATI
ASSAM-781036.
4:THE DIVISIONAL FOREST OFFICER (DFO)
SIVASAGAR DIVISION
SIVASAGAR
DIST. SIVASAGAR
ASSAM-785640.
5:THE FOREST BEAT OFFICER
BORHAT
SONARI FOREST BEAT OFFICE
SIVASAGAR DIVISION
SIVASAGAR
DIST. SIVASAGAR
ASSAM-785640.
6:THE FOREST BEAT OFFICER
BORHAT BEAT
SIVASAGAR DIVISION
SIVASAGAR
DIST. SIVASAGAR
ASSAM-785640.
Advocate for the Petitioner : MR. A K GUPTA
Advocate for the Respondent : SC
FOREST
Linked Case : WP(C) 4245/2017
1:DIMAPUR VENEER AND SAW MILLS PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES
ACT
1956
HAVING ITS REGISTERED OFFICE AT 7TH MILE
KHUVANALA ROAD
CHUMUKDIMA
NAGALAND and DIST. DIMAPUR
NAGALAND
REPRESENTED BY ITS DIRECTOR SRI ANIL KUMAR BANKA.
VERSUS
1:THE STATE OF ASSAM and 4 ORS.
Page No.# 69/78
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT and FOREST
DISPUR
GUWAHATI-781006
ASSAM.
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL and HEAD OF
FOREST FORCE
ASSAM
PUNJABARI
GUWAHATI-781036
ASSAM.
4:THE DIVISIONAL FOREST OFFICER
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
5:THE FOREST BEAT OFFICER
KHATKHATI BEAT
KHATKHATI FOREST CHECK GATE
KARBI ANGLONG EAST DIVISION
DIPHU
DIST. KARBI ANGLONG
ASSAM.
Advocate for the Petitioner : MS.P ADHIKARI
Advocate for the Respondent : GA
ASSAM
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 27-09-2019 This order will dispose of the above bunch of cases.
Page No.# 70/78
2. Heard Dr Ashok Saraf, learned Senior Counsel, Mr D Saraf, Mr A Tiwari, Mr I H Borbhuiyan and Mr G Khandelia, learned counsel for the petitioners. Also heard Mr D Mazumdar, learned Senior Counsel and Additional Advocate General, Assam, assisted by Mr S Dutta, learned Standing Counsel, Forest Department for the respondents.
3. Issue raised in all the writ petitions is the same, i.e., legality and correctness of notification dated 06.03.2017, issued by the Principal Secretary to the Government of Assam, Environment and Forest Department, enhancing levy on transportation of timber, non-timber forest produce and minor minerals entering Assam through inter-state boundaries from the neighbouring States.
4. Shorn of details, petitioners have processing units and factories in States other than Assam, mostly in the State of Meghalaya.
5. Finished products are sold within the State of Meghalaya and to various manufacturing units situated in other States including the State of Assam in the course of inter-state trade and commerce.
6. Consignments of sawn timber etc. are transported to different States within the North- Eastern region through taxation checkposts set up by State of Assam. Earlier, an amount of Rs. 10 per truck was levied on forest produce entering into the State of Assam. Quantity of timber carried by a truck was not the determining factor for such levy as in all cases such levy was Rs. 10 per truck.
7. However, on 06.03.2017, Environment and Forest Department, Government of Assam issued the impugned notification enhancing the levy on transportation of timber, non-timber forest produce and minor minerals entering Assam through the inter-state boundaries from the neighbouring States. While enhancing the levy quite steeply for non-timber forest produce like stone, sand, earth and other minor minerals, rate of levy fixed is per truck basis. However, in case of timber, the rate of levy fixed is Rs. 600 per cubic metre. The notification mentions that enhancement of levy had the approval of the Cabinet dated 28.02.2017 and that it superseded all the earlier notifications issued in this regard.
8. Following issuance of the impugned notification, Forest Department issued instructions to its officials to collect the levy as per the impugned notification dated 06.03.2017.
Page No.# 71/78
9. It is contended that such levy on transportation of timber, non-timber forest produce and minor minerals entering into Assam through the inter-state boundaries from the neighbouring States cannot discriminate between forest produce of the State and similar produce of a locality outside the State in favour of the former. This would amount to an unreasonable restriction adversely affecting freedom of trade, commerce and intercourse, besides being discriminatory. Challenge has been made on the touchstone of Regulation 37 of the Assam Forest Regulations, 1891 and Article 304 (a) of the Constitution of India. It is in this backdrop that the present bunch of writ petitions came to be filed.
10. In WP(C) No. 3140/2017, this Court vide order dated 31.05.2017 had issued notice and passed an interim order to the effect that respondents should not insist on the rates indicated in the impugned notification dated 06.03.2017.
11. Similar order came to be passed in all the writ petitions.
12. Respondent No. 1 has filed affidavit in WP(C) No. 953/2018. Stand taken in this affidavit is that enhancement of levy vide notification dated 06.03.2017 is a policy decision of the State which cannot be questioned by the petitioners. It is further stated that there is no legal flaw in the impugned notification. The existing rate of Rs. 10 per truck was fixed in the year 1990. Enhancement has been made after almost three decades. Impugned notification was issued with the prior approval of the State Cabinet. Enhancement of levy has been done in the interest of revenue. Allegation of discrimination has been denied. It is further denied that Regulation 37 of the Assam Forest Regulations, 1891, and Article 304 (a) of the Constitution of India have been violated as alleged by the petitioners.
13. Dr Saraf, learned Senior Counsel leading the arguments on behalf of the petitioners, submits that impugned enhancement of levy is arbitrary. Earlier levy of Rs. 10 per truck could be justified and would not hit Article 304 (a) of the Constitution. Dr Saraf has extensively referred to Regulation 37 of Assam Forest Regulations, 1891, and Article 304 (a) of the Constitution of India to contend that such enhancement of levy is discriminatory and, therefore, untenable. In this connection, Dr Saraf has placed reliance on the following decisions:-
1) AIR 1963 SC 928; ATB Mehtab Majid-Vs- State of Madras.
Page No.# 72/78
2) (2014) 4 SCC 720; State of UP -Vs- Jaiprakash Associates Limited; and
3) (2017) 12 SCC 1; Jindal Stainless Limited -Vs- State of Haryana.
14. Mr A Tiwari, learned counsel for the petitioners while supporting the arguments of Dr Saraf additionally argues that after introduction of GST, issuance of impugned notification is illegal . On this count alone, impugned notification is liable to be set aside.
15. Responding to such submissions, Mr Mazumdar, learned Additional Advocate General submits that levy itself is not under challenge; what is under challenge is the enhancement of levy. Regarding assailment of enhancement of levy in the context of Regulation 37 and Article 304 (a), he submits that no materials have been placed on record by the petitioners. No facts have been pleaded to make out a case of discrimination. A case of discrimination has to be made out. It has to be pleaded that in the State of Assam this is the levy and, therefore, imposition of enhanced levy on similar goods brought from outside the State of Assam is discriminatory. This is absent in all the cases. However, Mr Mazumdar fairly submits that office of the Principal Chief Conservator of Forests and Head of Forest Force, Assam had written to the Additional Chief Secretary to the Government of Assam, Environment and Forest Department vide letter dated 05.07.2017, requesting for re-examination and revision of the rates of levies to mitigate the hardship faced by the stake-holders.
16. Submissions made by learned counsel for the parties have been considered. Also perused relevant materials on record as well as the judgments cited at the Bar.
17. At the outset, it would be apposite to advert to the impugned notification dated 06.03.2017, relevant portion of which is extracted hereunder:-
"No. FRE - 118/2014/201:- The Governor of Assam is hereby pleased to publish the enhancement of Levy for transportation of Timber, Non-Timber forest Produce (NTFP) and Minor Minerals entering Assam through Inter-State boundaries from the neighbouring States as below.
Page No.# 73/78
Sl. No. Commodity on which levy is to be Rate of levy fixed
realised on entering through against the commodity
interstate boundaries
1. Timber Rs. 600/- per Cubic
metre
2. Non-Timber Forest Produce (NTFP) Rs. 300/- per truck
3. Stone Rs. 500/- per truck
4. Sand Rs. 500/- per truck
5. Earth Rs. 100/- per truck
6. Other minor minerals Rs. 500/- per truck
This has the approval of Cabinet dated 28.02.2017.
This shall come into force with effect from the date of publication in the Official Gazette.
This supersedes all the earlier notifications issued in this regard."
18. As already noted above, by the impugned notification, the levies on transportation of timber, non-timber forest produce and minor minerals entering Assam through inter-state boundaries from neighbouring States have been enhanced. In other words, there was already a levy, which has now been enhanced by the impugned notification.
19. Before entering into the rival contentions, it would be apposite to refer to certain relevant provisions. The first provision to be noted is Regulation 37 of Assam Forest Regulations, 1891, which deals with power to impose duty on forest produce. Now, forest produce is defined in Regulation 3 (4). Regulation 37 is extracted hereunder:-
"37. Power to impose duty on forest produce. (1) The Central Government may levy a duty in such manner, at such places and at such rates as it may prescribe by notification in the official Gazette, on all forest produce which is brought into the territories to which this Regulation extends from any place beyond those territories.
Page No.# 74/78 (2) In every case in which such duty directed to be levied ad valorem, the Central Government may, by like notification, determine the manner in which the value is to be ascertained.
(3) Until provision to the contrary is made by the Parliament the State Government may continue to levy on forest produce brought into the territories to which this Regulation extends from any place in the State beyond those territories any duty which it was levying immediately before the commencement of the Constitution:
Provided that nothing in this sub-section authorises the levy of any duty which as between forest-produce of the State and similar produce of a locality outside the State discriminates in favour of the former, or which, in the case of forest produce of localities outside the State discriminates between forest produce of one locality and similar forest produce of another locality."
20. Thus, it can be seen that the State Government has been empowered to levy any duty on forest produce brought into the territories covered by the regulations, which it was levying immediately before commencement of the Constitution. As per the proviso, nothing in Sub- Section (3) authorizes levy of any duty which as between forest produce of the State and similar produce of a locality outside the State discriminates in favour of the former or discriminates between forest produce of one locality and similar forest produce of another locality. Therefore, though the State Government is empowered to levy duty on forest produce brought within the State from outside, it has to ensure that such levy does not favour forest produce of the State or discriminates against forest produce brought from outside the State.
21. As per Article 301, trade, commerce and Intercourse throughout the territory of India shall be free. Article 304 which is an exception to Article 301 deals with restrictions on trade, commerce and intercourse amongst States. Article 304 reads as under:-
"304. Restrictions on trade, commerce and Intercourse among States- Notwithstanding anything in article 301 or article 303, the Legislature of a State may by law--
Page No.# 75/78
(a) impose on goods imported from other States 1[or the Union territories] any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and
(b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public Interest:
Provided that no Bill or amendment for the purposes of clause (b) shall be introduced or moved in the Legislature of a State without the previous sanction of the President."
22. Under Clause - (a) of Article 304, legislature of a State may make law imposing any tax on goods imported from other States or Union Territories to which similar goods manufactured or produced in that State are subject; however, such imposition of tax should not discriminate between goods so imported and goods so manufactured or produced.
23. In ATB Mehtab Majid (supra), Supreme Court held that similarity contemplated by Article 304 (a) is in the nature of the quality and kind of the goods and not with respect to whether they were subject of a tax already or not. In the facts of that case it was held that any discrimination against imported hides or skins purchased or tanned outside the State would contravene the provisions of Article 304 (a) of the Constitution.
24. Question before the Supreme Court in Jaiprakash Associates (supra) was whether grant of rebate of tax by the State Government by issuing notification in exercise of its powers under Section 5 of the Uttar Pradesh Trade Tax Act, 1948, discriminated between the goods imported from neighbouring States and goods manufactured in the State of Uttar Pradesh, thus, contravening the constitutional provisions namely, Articles 301 and 304 (a). In this connection, Supreme Court held as under:-
"29. Article 304(a) of the Constitution is an exception to Article 301 of the Constitution of India. Article 304(a) does not prevent levy of tax on goods; what is prohibited is such levy of tax on goods as would result in discrimination between goods imported from other Page No.# 76/78 States and similar goods manufactured or produced within the State. The object is to prevent imported goods being discriminated against by imposing a higher tax thereon than on local goods. What Article 304(a) demands is that the rate of taxation on local as well as imported goods must be the same. This is designed to discourage States from creating State barriers or fiscal barriers at the boundaries.
30. Article 304(a) of the Constitution empowers the State to levy tax, with an intent that Part XIII of the Constitution does not affect the power of taxation given under Part XII of the Constitution. It is to preserve and protect the broad object of Article 301 of the Constitution, Article 304(a) only limits the power of the State legislature from imposing such taxes that would discriminate between imported goods and domestic goods and restrict free movement of goods between States.
*** *** *** *** ***
35. The Principle of 'non- discriminatory tax' as provided in Article 304(a) of the Constitution of India is a sine-qua-non to free movement of goods between nations/States in several jurisdictions and also in International trade and policy. Discrimination as explained under World Trade Organization ("WTO", for short) jurisprudence is spoken of in terms of effect and intention behind such discrimination. Intent is referred to as 'aim' or 'motive' or 'purpose' of such discrimination and the other factor commonly associated with discrimination is 'effect' that is whether a measure has a discriminatory effect (also known as the disparate impact) against imports (as explained in the famous case of Japan v. Alcohol, panel report). WTO members are free to choose any system of taxation they deem appropriate provided that they do not impose on foreign products taxes in excess of those imposed on like products. The effect of tax should not be such that two like goods are given discriminatory treatment.
36. At the same time, it cannot be doubted that rising of protective walls may be justified in International trade. The Government can and has been providing such protectionist measures all these years to encourage the growth and establishment of industries in the country and to protect them from competition from foreign manufacturers. But unlike the International trade policies and the commerce clause in United States Constitution, our Constitution provides for regulating Inter-State trade and Page No.# 77/78 commerce. The Parliament can take all protective measures under Article 302 of the Constitution of India as may be required in public Interest. But there are certain obvious differences between the powers conferred to the Parliament under Article 302 and State Legislature under Article 304(a) of the Constitution. The powers given to the State Legislature are not unrestricted and are bound to function within limitations stipulated under Article 304(a) of the Constitution of India. The powers even under Article 304(b) are to be exercised sparingly and after fulfilling all the conditions of Article 304 of the Constitution of India. The power conferred under Article 304(a) although an exception to Article 301 of the Constitution, but is not a blanket power intended to be conferred to the State Legislature.
*** *** *** *** ***
38. Article 304(a) ensures only equal rate of tax for incoming goods. So if such goods are taxed at a higher rate or where they are taxed at any rate when indigenous goods enjoy concessional rate of tax, Article 304(a) is attracted. They are simple cases of hostile discrimination. Therefore, whether a particular tax is discriminatory within the meaning of this clause, the effect of the tax on the flow of goods from outside the taxing State has to be taken into consideration and, if the overall effects of rebate of tax is such that they fall within the meaning concessional rate of tax. A detailed discussion on the effects and scope of rebate is done in the following paragraphs under the head Issue 2 in the judgment.
*** *** *** *** ***
46. Article 304(a) is a provision that deals with taxation. It places goods imported from sister States on a par with similar goods manufactured or produced within the State in regard to State taxation in the allocated field. The object of Article 304(a) was to limit the power of taxation by States so as to prevent discrimination against imported goods by imposing taxes on such goods as a higher rate than is borne by indigenous goods. The tax referred to in Article 304(a) is a 'tax on goods'."
25. Therefore, in the aforesaid judgment, Supreme Court has made it abundantly clear that goods imported from other States or Union Territories must be placed at par with similar goods Page No.# 78/78 manufactured or produced within the State, vis-a vis, tax or levy on such goods.
26. If there was any confusion on this point, Supreme Court in Jindal Stainless Limited (supra), categorically held that a levy that violates Article 304 (a) cannot be saved even if the procedure under Article 304 (b) or the proviso thereunder is satisfied. Clauses (a) and (b) of Article 304 have to be read disjunctively.
27. Though the legal issues as extracted and discussed above are well-settled, those have to be applied on facts which are pleaded. Petitioners would have to show what is the rate of levy in the neighbouring States and in the State of Assam; how enhancement of levy by the impugned notification would discriminate against the goods manufactured or produced by them outside the State of Assam and which are transported into the State of Assam through the inter-state boundaries. In the absence of such facts, any adjudication would be on presumption. However, in this regard the letter issued from the office of the Principal Chief Conservator of Forests and Head of Forest Force, Assam, dated 05.07.2017, requesting the State Government to re-examine and revise the rates of levy, as produced by Mr Mazumdar may be taken note of.
28. Therefore, having regard to the above and on a thorough consideration of the materials on record, Court is of the view that the matter is required to be relooked by the Environment and Forest Department, Government of Assam, taking note of the discussions made above. Let the impugned notification dated 06.03.2017 be looked into afresh by the Government of Assam in the Environment and Forest Department, keeping in mind the legal and constitutional requirements as well as views expressed by the departmental authorities, whereafter, an appropriate decision may be taken. Let such decision be taken within a period of 4 (four) months from the date of receipt of a certified copy of this order. During this period, restraint orders passed by this Court to the effect that respondents would not insist on the rates indicated in the impugned notification dated 06.03.2017 would hold the field.
29. All the writ petitions are disposed of.
JUDGE Comparing Assistant