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Judgment
Oleo Resin Gum is a forest produce. It is a raw material used for manufacture of rosin and turpentine oil. Earlier, the resin was permitted to be
tapped, exploited and extracted on royalty basis. It was found that the means employed by the persons allowed to tap the forest produce were not
scientific. With a view to see that the extraction was done in a scientific manner, the State Government has been formulating guidelines from time to
time. The basic purpose of this policy decision and guidelines is to see that the quality of Cheer forest in the lower ranges of Jammu region known
as Jammu Shivalik is maintained and these forests are rehabilitated. A systemic scientific tapping was felt need of the day.
For the current year, the policy stands formulated. There is a provision in paragraphs 3,5 of the policy decision. This is to the effect that a Unit
which is engaged in the manufacture of resin and turpentine oil and which is located within a distance of 8 kms of forest area, shall not be eligible to
participate in the auction. It is this aspect of the matter which is the subject matter of challenge in this petition. The argument raised by the learned
counsel for the petitioner is that there is no nexus between the restriction so imposed with the object sought to be achieved. It is also urged that
even if there is some nexus, then the petitioners who have already set up an industry by making huge investment cannot be put out of job. It is
submitted that by doing so not only the petitioners but the labour engaged by them would be left without means to sustain themselves.
Respondents have put in appearance.
The stand taken by them is that the restriction prohibiting a Unit located within 8kms of the boundary of demarcated forest is a valid condition. This
has been done in the interest of preserving the ecology and the forests located in the State of Jammu and Kashmir.
The fact that the forest cover is dwindling and there is a need to protect them is a matter on which there cannot be two opinions. Whereas in the
early periods of civilization forests had of necessity to be exploited in order to make space for pastures and arable land, since then the gradual
tendency has been towards a reckless spoliation and destruction of the forest areas. What was not used for building and heating purposes went to
shipbuilding and for export although certain hardwoods including the oak and the yew were also employed for furniture making. The 16th Century
way a particularly reckless period in respect of trees felling. For instance in the manor of Waidhofen, belonging to the bishopric of Freisting in
Bavaria no fewer then 10,000 oaks were felled. Holland and England comparatively unforested imported timber for the manufacture of weapons
to the extent of 12,000 yew bows in the year 1589 alone. The Apennine Mountains, the great range that forms the back bone of Italy and is some
800 miles long, was robbed of its forests by the Romans for the sake of shipbuilding just as Spain was by the Arbbs and the Carso by the
Venetians Many of the mountains of Greece, Guatemala and China lost their forests. Rain was no longer trapped in them, it washed the good solid
down from the heights and deposited it in Lakes which were thus converted into marshy breeding places for infectious diseases. Only within recent
years have the Pontine Marshes in western Italy been drained and a desolate and pestilential waste turned to use. For over fourteen hundred years
they had been a menace.
Forests are a protection against both cold and hot winds. While around the Mediterranean the climate became hotter owing to the felling of the
forests in the Spessert and Rhon districts of Germany the mean temperature after the clearing of the forests fell 1C. Since forests no longer act as
regulators in China that unhappy country suffers almost annually from disastrous floods. This has happened in Bangla Desh where two third of the
area is under floods. This has happened in Uttar Pradesh and Bihar. Landslides have caused destruction of property and caused loss to human life.
If above are the disastrous consequences then it is apt to take remedial measures. In olden days trees were considered sacred. That was the only
moral sanction to not to cut trees. The most famous of mystic trees is the Tree of Knowledge' of Tree of Life1 that figures in the Biblical account of
Paradise. It is a symbol derived from the Persian and Egyptian religions and adopted by the Jews. In the persian religion it is known as Horn. 10
the underworld of the ancient Egyptians the winged souls of the departed used to perch on the branches of a sycamore. Among the Aryans the
restling of the oak leaves was considered as a divine oracle. The ancient Germans and Slavs scarified their prisoners under lime trees on which they
hand their booty. The Romans used Jupiter's oak on the Capitol for the same purpose, ft was the need to preserve the forests which led the
Supreme Court of India to give direction in the case reported as T. N. Godavarman Thirumukpad Vs. Union of India AIR 1997 SC1228. While
dealing with the State of Jammu and Kashmir, it was specifically provided that no saw mill or private mill would be permitted to operate in the
State within a distance of about 8 kms of the boundary of a demarcated forest area existing mills located in the restricted area were ordered be
relocated forthwith. The fact that the workers engaged by the various saw mills would be affected was also taken note of. It was observed that
notwithstanding the closure of any saw mill or any other private mill pursuant to the orders passed by the Court, the workers employed by such
Units shall be paid full emoluments.
What was sought to be achieved by putting a ban on saw mills operating within 8 kms of restricted area is sought to be achieved again by
making a provision that a Unit located within the 8 kms of a demarcated forest area and engaged in the processing of resin would not be allowed
to take part in the auction. The purpose behind this is to see that any Unit which uses forest produce in the restricted area should be solocated that
there is no possibility of forest produce being pilfered or used in a clandestine manner. Therefore, to say that the condition imposed by the
respondents debarring the mill owners having their units within restricted area to take part in the process of auction is arbitrary cannot be accepted.
The petitioners submit that they be allowed sometime to shift the Units in question and the State should assist them with a view to enable them to
relocate the Units.
It be seen that the decision of the Supreme Court indicating that an activity dealing with the forest produce is not to be allowed within 8 kms is
there ever since the decision reported above was given. This decision was given on 12th Dec1 96. Therefore, to say that the Units in question
were not aware of the events which were to follow is something which is not understandable. To permit the Units to carry on the business would
frustrate the very object which was behind the judgement of the Supreme Court. Therefore, no direction can be given that till the Units get
relocated they be allowed to carry on their business in the restricted area within 8kms. The learned counsel appearing for the respondents submits
that every endeavour would be made to settle the petitioners to a place outside 8 kms, if a prayer in this regard is made and the State would not
insist on a no objection certificate. The no objection certificate would be only visavis restrictions which have been imposed by the Supreme Court.
Another argument which has been raised is that if some Units which are carrying on their business in the Industrial areas and which areas are
located in 8 kms distance, have been permitted to take part in the auction, then the petitioners cannot be treated in a different manner.
It be seen that the Units which are located in the industrial areas are under the direct supervision of the Industries Department. There is a requisite
in built check on their activities. Any Unit which is located outside the industrial area, the measure of control which is exercised by the respondent
authorities cannot be to that extent, which is exercised on Units located in Industrial areas. There is a reasonable classification. Units which are
located in the industrial area and those which are located outside form two distinct categories. In this view of the matter, no ground has been made
out for interference.
The petitioners submit that the petitioners should be permitted to acquire the forest produce so that they may have an alternate arrangement to get
the raw material processed at any other Unit which is located outside 8 kms. The respondents to consider this limited prayer and in case the
petitioners is in a position to satisfy the respondents then on its satisfaction they be permitted to have the raw material.
Otherwise these petitions are without merit and are dismissed.