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(12) Persuant to this order, in terms of the order of the Jammu & Kashmir Govt. dated 16th September, 1979, which had been permitted them to export 638 walnut stumps, the petitioners exported same walnut stumps. The petitioner says that they were able to export only 150 walnut stumps and that the balance quantity of 488 walnut stumps could not be exported by them.

(13) The petitioner later on received an order dated 8-8-83 from the Official Chief Controller, Imports and Exports, whereby they were informed that they had to export the walnut stumps. which they had have been permitted to export by 31-3-84, and that no further extension of time would be allowed to them for exporting the permitted quantity. Aggrieved by this, the petitioner made representations to the Authorities concerned that the petitioners total pre-ban commitment was 63S walnut stumps and that they should be permitted to export the balance of walnut stumps also. However, by letter dated 20-6-1984., Annx.-B to the writ petition, they were informed that no further extension would be granted to the petitioners.

(14) Aggrieved by these orders by which the petitioners had been prevented from complying with the pre-ban commitment with respect to export of 488 walnut stumps, they filed this writ petition on 19-7-1984.

(15) The petitioner says that they should be permitted to complete the pre-ban commitments, to export 488 walnut stumps without any limitation of time, for the reason that in the facts and circumstances of the case, no limitations of time can or ought be imposed upon them for meeting the pre-ban commitment. In view of the facts narrated above, there is no substance in the objection of the respondent that this petition suffers from laches and delay, as the final refusal of the respondents, after hearing the various representations made by the petitioners administratively was on 20-6-84, and the writ was filed on 19-7.1984.

(18) Vet another reason stated is that after the stumps are removed from the earth, after the earth has been dug up by the difficult procedure, as stated above, the stumps had to be stocked ill a proper place dressed and sprayed with insecticides for making them fit for export. After these procedures are over, '.hen the buyers representatives come to inspect each of the stumps, and only those stumps which are not rejected by the buyers representatives are exported out of India.

(19) The respondents do riot controvert that these difficulties exist in the walnut stumps exports. They say that the import and export policy which is made every year. This means that the export of the walnut stumps and the meeting of the pre-ban commitments are necessarily to be confined to the commitments which existed in one particular year, that there is to be a limitation on the time within which the export was to be allowed. It is noteworthy that in the original orders passed by the Government of J&K. and passed by the Central Government. there was no limitation of time imposed or considered. It appears J&K Government was fully aware of the problems that would arise in procreation and exportation of walnut stumps. for the persons who had to meet the pre-ban commitment anil. therefore, no limitation of time was placed. In my view, therefore, it is not possible, in the facts and circumstances of the case to say that a limitation of time the meeting of the preban commitments, as it is not disputed that even though trees have been earmarked for felling, a large number of them have not to date even been felled. But in order to meet the commitment to export the walnut stumps, letters of credit had been received from the purchasers abroad, on the basis of which advances have been made by the banks to the petitioners. Which advances have been utilised for making payment to the owners of these walnut trees which are yet to be felled.

(30) The limitation of time was sought to be imposed for the first time only on 8th August, 1983, (page 105 vide an Aunexure-8 to the writ petition). There is no reason stated in this order, why there is need to limit the time within which pre-ban commitment has to be fulfillled. It has to be assumed that The Central Government had knowledge of the existence of the Jammu & Kashmir Preservation of Specified Trees Act, 1969. The Central Government would automatically be aware of the formalities which are required to be complied with in connection of the felling of each specified (walnut) tree. Sections 3, 4, 5 & 6 of the said Act are us under :-