M/S. Shree Sai Timber Depot v. The State of Assam and 4 Ors

ORDER Date : 22-05-2023 Heard Mr. A. Tewari, learned counsel for the petitioner and Mr. R.R. Gogoi, learned Standing Counsel, Environment & Forest Department for all the respondents.

¶2The subject-matter of challenge in the instant writ petition is legality and validity of a Notification bearing no. FRE-118/2014/201 dated 06.03.2017 issued by the respondent no. 2.

¶3The learned counsel for the parties have submitted that the said Notification was also subject-matter of challenge in a batch of writ petitions including the writ petition, W.P.[C] no. 3140/2017 [Riangdo Veneers Private Limited vs. the State of Assam and others]. The said batch of writ petitions were disposed of by a common order dated 27.09.2019 and the operative part of the common order dated 27.09.2019 reads as under : -

"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. Page No. 3/3

¶28Therefore, 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.

¶29All the writ petitions are disposed of."

¶4It is submitted by Mr. Gogoi, learned Standing Counsel, Environment & Forest Department that the impugned Notification dated 06.03.2017 has since been withdrawn.

¶5In view of the above submission made by the learned counsel for the parties, this writ petition stands disposed of observing that the case of the petitioner is to be abide by the direction made in common order dated 27.09.2019 passed in the writ petition, W.P.[C] no. 3140/2017 and the other writ petitions.

JUDGE Comparing Assistant

PageoNo.o1/3 GAHC010171152019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5224/2019o M/S.oSHREEoSAIoTIMBERoDEPOTo AoPROPRIETORSHIPoFIRMoHAVINGoITSoREGD.oOFFICEo16THoMILE,oG.S.o ROAD,oBYRNIHAToREP.oBYoITSoPROPRIETORoSRIoVIRENDRAoUPADHYAY. VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFo ENVIRONMENToANDoFOREST,oDISPUR,oGUWAHATI-781006,oASSAM. 2:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oENVIRONMENToANFoFOREST oDISPUR oGUWAHATI-781006 oASSAM. 3:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTo(LEGAL)oANDoHEADo OFoFORESToFORCE oASSAM oPUNJABARI oGUWAHATI-781036 oASSAM. 4:THEoDIVISIONALoFORESToOFFICER oKAMRUPoEASToDIVISION oBASISTHA oGUWAHATI-29 oASSAM. 5:THEoFORESToBEAToOFFICER oJARABAToBEAToANDoKHANAPARAoBEAToOFFICE oKAMRUPoEASToDIVISION oBASISTHA Page No. 2/3 GUWAHATI-29 ASSAM Advocate for the Petitioner : MR A TEWARI Advocate for the Respondent : SC, FOREST BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY