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M/S DIYUN WOOD PRODUCTS PRIVATE LIMITED v. THE STATE OF ASSAM AND 8 ORS

Court: Gauhati High Court

Bench: HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

Judgment date:

Case summary

Gauhati High Court judgment dated 2020-01-06. M/S DIYUN WOOD PRODUCTS PRIVATE LIMITED v. THE STATE OF ASSAM AND 8 ORS. Read the judgment and case details on...

Judgment text

Page No. # 1/57 GAHC010201992017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 5962/2017 1:NATURAL PANEL INDUSTRIES PVT. LTD. FORMERLY WUDPLY INDUSTRIES P LTD. A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AND FACTORY AT MAKUM PATHAR- 7861867, DIST. TINSUKIA, ASSAM AND REP. BY SRI SANJEEV KUMAR CHOUBEY, ONE OF THE DIRECTORS OF THE PETITIONER COMPANY AND RESIDENT OF A. T. ROAD, MARGHERITA - 796181, ASSAM VERSUS 1:THE STATE OF ASSAM and 9 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. ASSAM. ENVIRONMENT and FOREST DEPARTMENT DISPUR GUWAHATI-781006. 3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS. LEGAL and HEAD OF FOREST ASSAM. PANJABARI GUWAHATI-781036. 4:DIVISION FOREST OFFICER. KAMRUP EAST DIVISION BASISTHA GUWAHATI-29. 5:BEAT FOREST OFFICER.

JORABAT BEAT KAMRUP EAST DIVISION BAISISTHA Page No. # 2/57 GUWAHATI-29. 6:BEAT FOREST OFFICER. FOREST RANGE OFFICE BYRNIHAT DIIST-KAMRUP. 7:BEAT FOREST OFFICER. KHATKHATI BEAT FOREST RANGE KARBI ANGLONG DIST-KARBI ANGLONG. 8:BEAT FOREST OFFICER FOREST RANGE OFFICE DOOM DOOM ASSAM. 9:BEAT FOREST OFFICER FOREST RANGE OFFICE LAKHIMPUR ASSAM. 10:BEAT FOREST OFFICER FOREST RANGE OFFICE JAGUN MARGHERITA SUB-DIVISION ASSAM Advocate for the Petitioner : MS. N BORDOLOI Advocate for the Respondent : Linked Case : WP(C) 6625/2017 1:M/S. GLOW TIMBERS A PROPRIETORSHIP FIRM HAVING ITS PLACE OF BUSINESS SITUATED AT MEDO INDUSTRIAL ESTATE PO- MEDO PS WAKRO DIST. LOHIT ARUNACHAL PRADESH Page No. # 3/57 REP BYITS POWER OF ATTORNEY HOLDER SRI ANUJ KUMAR MORAN 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 KAKOPATHER FOREST CHECK GATE DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM 5:THE RANGE FOREST OFFICER KAKOPATHER RANGE BEAT KAKOPATHER DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM Advocate for the Petitioner : MS. P ADHIKARI Advocate for the Respondent : Linked Case : WP(C) 6705/2017 1:M/S. NAMDANG VENEER and SAW INDUSTRIES A PARTNERSHIP FIRM REGD UNDER THE INDIAN PARTNERSHIP ACT Page No. # 4/57 HAVING ITS PLACE OF BUSINESS SITUATED AT 9 MILE NAMDANG INDUSTRIAL ESTATE P. O AND P. S- NAMDANG DIST- CHANGLANG ARUNACHAL PRADESH REP. BY ITS AUTHORISED SIGNATORY SRI BINOD KUMAR AGARWAL 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 GHY- 06 ASSAM 3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTSLEGAL AND HEAD OF FOREST FORCE ASSAM PANJABARI GHY- 36 ASSAM 4:THE DIVISIONAL FOREST OFFICER MARGHERITA WEST RANGE DIGBOI DIVISION DIST- TINSUKIA ASSAM 5:THE RANGE FOREST OFFICER MARGHERITA WEST RANGE DIGBOI DIVISION DIST- TINSUKIA ASSAM Advocate for the Petitioner : MR. D WANGDI Advocate for the Respondent : GA ASSAM Page No. # 5/57 Linked Case : WP(C) 7374/2017 1:SAINI TIMBERS P LTD. A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE and MANUFACTURING AT UMIAM INDUSTRIAL ESTATE P. O. - UMIAM PIN- 793101 DIST- RI-BHOI MEGHALAYA REPRESENTED BY ITS DIRECTOR SRI SANJAY SAINI VERSUS 1:THE STATE OF ASSAM and 4 ORS. 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 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 Page No. # 6/57 JORABAT BEAT and KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION BASISTHA GUWAHATI -29 ASSAM Advocate for the Petitioner : MR. D WANGDI Advocate for the Respondent : Linked Case : WP(C) 7298/2017 1:M/S SHREE RUJEN SAW AND VENEER MILL A SOLE PROPRIETORSHIP CONCERN HAVING IT'S OFFICE AT 17TH MILE JAIRAMPUR INDUSTRIAL ESTATE ARUNACHAL PRADESH REP. BY IT'S SOLE-PROPRIETOR MR. ROHLEM TINGKHATRA. 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. 2:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ENV. and FOREST DEPTT.

DISPUR GUWAHATI-781006. 3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS LEGAL and HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI-36. 4:DIVISIONAL FOREST OFFICER DIGBOI DIVISION DIGBOI TINSUKIA ASSAM. 5:RANGE OFFICER JAGUN RANGE DIGBOI DIVISION Page No. # 7/57 ASSAM. Advocate for the Petitioner : MR. D SARAF Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 6504/2017 1:ARUNACHAL WOOD BASED AND CHEMICAL INDUSTRIES P LTD. and ANR. HAVING ITS REGD. OFFICE AND FACTORY AT 17TH MILE P. O. JAIRAMPUR DIST. CHANGLANG ARUNACHAL PRADESH 792121 REP. BY SRI SAHIL AGARWAL. 2: SAHIL AGARWAL MANAGER R/O. 17TH MILE INDUSTRIAL AREA P. O. JAIRAMPUR ARUNACHAL PRADESH. VERSUS 1:THE STATE OF ASSAM and 9 ORS. REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM DEPTT. OF ENVIRONMENT and FOREST DISPUR GHY. -781006. 2:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT and FOREST DEPTT. DISPUR GHY. -781006. 3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS L and HEAD OF FOREST FORCE ASSAM PANJABARI GHY. -781036.

4:DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION Page No. # 8/57 BASISTHA GHY. -29. 5:BEAT FOREST OFFICER JORABAT BEAT KAMRUP EAST DIVISION BASISTHA GHY. -29. 6:BEAT FOREST OFFICER FOREST RANGE OFFICE BYRNIHAT DIST. KAMRUP. 7:BEAT FOREST OFFICER KHATKHATI BEAT FOREST RANGE KARBI ANGLONG DIST. KARBI ANGLONG. 8:BEAT FOREST OFFICER FOREST RANGE OFFICE DOOM DOOMA ASSAM. 9:BEAT FOREST OFFICER FOREST RANGE OFFICE LAKHIMPUR ASSAM. 10:BEAT FOREST OFFICER FOREST RANGE OFFICE HALWATING SIBSAGAR ASSAM. Advocate for the Petitioner : MS. N GOGOI Advocate for the Respondent : Linked Case : WP(C) 5768/2017 1:KHANDELWAL SAW MILL PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT HAVING ITS REGD OFFICE AT VILLAGE PARLI Page No. # 9/57 PALASHBARI P. O AND P. S- PALASHBARI DIST- KAMRUP ASSAM REP. BY ITS AUTHORISED SIGNATORY SRI ARUNANGSHU CHAKRABORTY VERSUS 1:THE STATE OF ASSAM and 5 ORS. REP.

BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF ENVIRONMENT AND FORESTS DISPUR GHY- 06 ASSAM 2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM ENVIRONMENT AND FORESTS DISPUR GHY- 06 ASSAM 3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTLEGAL AND HEAD OF FOREST FORCE ASSAM PANJABARI GHY- 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 BASISTHA GHY- 29 ASSAM 6:THE RANGE FOREST OFFICER PALASHBARI RANGE MIRZA DIST- KAMRUP ASSAM Page No. # 10/57 Advocate for the Petitioner : MR A TEWARI Advocate for the Respondent : Linked Case : WP(C) 6663/2017 1:CHANGLANG PLYWOODS PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT 1956 HAVING ITS MANUFACTURING and AND REGISTERED OFFICE SITUATED AT 9TH MILE INDUSTRIAL ESTATE P. O. and P. S. NAMDANG DIST. CHANGLAND ARUNACHAL PRADESH REP.

BY ITS DIRECTOR SRI ANIRUDH KEDIA VERSUS 1:THE STATE OF ASSAM and 5 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ENVIRONMENTand 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 Page No. # 11/57 JARABAT BEAT and KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION BASISTHA GUWAHATI -29 ASSAM 6:THE RANGE FOREST BEAT OFFICER MARGHERITA WEST RANGE DIGBOI DIVISION DIST. TINSUKIA ASSAM Advocate for the Petitioner : MS. P ADHIKARI Advocate for the Respondent : Linked Case : WP(C) 6584/2017 1:NATIONAL PLYWOOD INDUSTRIES LTD. PIONEER UNIT A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE SITUATED AT NO.

1 MAKUM PATHAR MARGHERITA PIN-786187 DIST. TINSUKIA ASSAM REP. BY ITS AUTHORIZED SIGNATORY SRI MAN MAHON 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 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT and FOREST DISPUR GUWAHATI-781006 ASSAM Page No. # 12/57 3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS 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 TIWARI Advocate for the Respondent : Linked Case : WP(C) 7680/2017 1:M/S. TULI HILLS TIMBER PRODUCT A PROPRIETORSHIP FIRM HAVING ITS MANUFACTURING and PLACE OF BUSINESS SITUATED AT TULI INDUSTRIAL ESTATE 18TH MILE TULI P. S.

TULI DIST- MOKOKCHUNG NAGALAND-789623 REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI BINOY VERMA VERSUS 1:THE STATE OF ASSAM and 5 ORS. REPRESENTED BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF ENVIRONMENT and FOREST DISPUR GHY-6 ASSAM Page No. # 13/57 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 : MS. P ADHIKARI Advocate for the Respondent : Linked Case : WP(C) 6495/2017 1:TIRUPATI PLYWOOD INDUSTRIES and ANR. A PARTNERSHIP CONCERN HAVING ITS REGD OFFICE AND INDUSTRIAL UNIT AT A. T ROAD MAKUM PATHAR MARGHERITA P. O- MARGHERITA DIST- TINSUKIA ASSAM REP.

BY SRI ANIL KUMAR SANGANERIA ONE OF THE PARTNERS OF THE PETITIONER FIRM Page No. # 14/57 2: SRI ANIL KUMAR SANGNERIA PARTNER R/O TIRUPATI PLYWOOD INDUSTRIES A. T. ROAD MAKUM PATHAR P. O. MARGHERITA ASSAM VERSUS 1:THE STATE OF ASSAM and 8 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPTT. OF ENVIRONMENT AND FOREST DISPUR GUWAHATI- 06 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 PANJABARI GUWAHATI - 781036. 4:DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA GUWAHATI-29. 5:BEAT FOREST OFFICER JORABAT BEAT KAMRUP EAST DIVISION BASISTHA GUWAHATI-29 6:BEAT FOREST OFFICER FOREST RANGE OFFICE BYRNIHAT DIST. KAMRUP 7:BEAT FOREST OFFICER KHATKHATI BEAT FOREST RANGE KARBI ANGLONG DIST. KARBI ANGLONG. Page No.

# 15/57 8:BEAT FOREST OFFICER FOREST RANGE OFFICER DOOM DOOMA ASSAM 9:BEAT FOREST OFFICER FOREST RANGE OFFICER LAKHIMPUR ASSAM Advocate for the Petitioner : MS. N GOGOI Advocate for the Respondent : Linked Case : WP(C) 8067/2017 1:M/S SHANTI TIMBERS PROPRIETOR- CHANDRA SEKHAR SINGH S/O. SHIV JEE SINGH R/O. SHANTI TIMBER PASCHIM BORAGAON GUWAHATI-781033 KAMRUP M ASSAM. 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 OF FOREST LEGAL and HEAD OF FOREST FORCE ASSAM PUNJABARI Page No. # 16/57 GHY. -781036. 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 : MS.

N CHOUDHURY Advocate for the Respondent : Linked Case : WP(C) 6617/2017 1:M/S EMPHUM WOOD PRODUCTS A PROPRIETORSHIP FIRM HAVING ITS PLACE OF BUSINESS SITUATED AT CHOWKHAM INDUSTRIAL ESTATE P. O. and P. S. CHOWKHAM DIST. NAMSAI ARUNACHAL PRADESH REP. BY ITS POWER OF ATTORNEY HOLDER CHOW ALIA NAMCHOOM. 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 Page No. # 17/57 FOREST FORCE ASSAM PUNJABARI GUWAHATI-781036 ASSAM. 4:THE DIVISIONAL FOREST OFFICER KAKOPATHER FOREST CHECK GATE DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM. 5:THE RANGE FOREST OFFICER KAKOPATHER RANGE BEAT KAKOPATHER DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM.

Advocate for the Petitioner : MR A TEWARI Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 7167/2017 1:M/S BYRNIHAT WOOD INDUSTRIES PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE and MANUFACTURING AT 14TH MILE BYRNIHAT G. S. ROAD P. O. -BYRNIHAT DIST- RI-BHOI MEGHALAYA REPRESENTED BY ITS DIRECTOR SRI BIMAL KR. MURARKA VERSUS 1:THE STATE OF ASSAM and 4 ORS REPRESENTED BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF ENVIRONMENT and FOREST DISPUR GHY-6 Page No. # 18/57 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 A TEWARI Advocate for the Respondent : Linked Case : WP(C) 6744/2017 1:M/S. LAVTO SAW MILL A PROPRIETORSHIP FIRM HAVING ITS PLACE OF BUSINESS SITUATED AT MEDO INDUSTRIAL ESTATE P. O. MEDO P. S. WAKRO DIST. LOHIT ARUNACHAL PRADESH REP. BY ITS POWER OF ATTORNEY HOLDER CHOW KITONG KHANGKIO VERSUS Page No. # 19/57 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 OF FORESTL and HEAD OF FOREST FORCE ASSAM PUNJABARI GHY. -781036 ASSAM. 4:THE DIVISIONAL FOREST OFFICER KAKOPATHER FOREST CHECK GATE DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM. 5:THE RANGE FOREST OFFICER KAKOPATHER RANGE BEAT KAKOPATHER DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM. Advocate for the Petitioner : MS. S KUMARI Advocate for the Respondent : Linked Case : WP(C) 6588/2017 1:M/S. CHOWKHAM SAW and VENEER MILL PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGD OFFICE AND MANUFACTURING UNIT AT CHOWKHAM INDUSTRIAL ESTATE P. O AND P. S- CHOWKHAM Page No. # 20/57 DIST- NAMSAI ARUNACHAL PRADESH REP. BY ITS MANAGER SRI KARUNA KANTA BARMAN VERSUS 1:THE STATE OF ASSAM and 4 ORS. REP.

BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF ENVIRONMENT AND FORESTS DISPUR GHY- 06 ASSAM 2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM ENVIRONMENT AND FOREST DISPUR GUWAHATI- 06 ASSAM 3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTSLEGAL AND HEAD OF FOREST FORCE ASSAM PANJABARI GHY- 36 ASSAM 4:THE DIVISIONAL FOREST OFFICER KAKOPATHER FOREST CHECK GATE DOOM DOOMA DIVISION DIST- TINSUKIA ASSAM 5:THE RANGE FOREST OFFICER KAKOPATHER RANGE BEAT KAKOPATHER DOOM DOOMA DIVISION DIST- TINSUKIA ASSAM Advocate for the Petitioner : MS. S KUMARI Advocate for the Respondent : Linked Case : WP(C) 5107/2017 1:SHREE BHAWANI PLYWOOD INDUSTRY Page No. # 21/57 A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OF THE INDIAN PARTNERSHIP ACT 1932 HAVING ITS REGISTERED OFFICE AT VILL- KOKRAJHAR P. O. and P. S. PALASBARI DIST. KAMRUP ASSAM REP. BY ITS AUTHORIZED SIGNATORY SRI AMIT KUMAR MOUR 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 ASSAMM PUNJABARI GUWAHATI- 781036 ASSAM 4:THE DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA GUWAHATI -29 ASSAM 5:THE FOREST BEAT OFFICER JARABAT BEAT and KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION BASISTHA GUWAHATI-29 ASSAM 6:THE RANGE FOREST OFFICER RANGE FOREST OFFICER PALASBARI RANGE MIRZA DIST. KAMRUP ASSAM Page No. # 22/57 Advocate for the Petitioner : MS. P ADHIKARI Advocate for the Respondent : Linked Case : WP(C) 6311/2017 1:VISHAL SAW CUM VENEER MILLS PVT. LTD. HAVING ITS MANUFACTURING and REGD. OFFICE SITUATED AT INDUSTRIAL AREA UMIAM UMIAM DIST. RI-BHOI-793101 MEGHALAYA REP. BY ITS AUTHORIZED SIGNATORY SRI PRAKASH KUMAR GANGWAL. 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 CONSERVAROR OF FORESTL and HEAD OF FOREST FORCE ASSAM PUNJABARI GHY. -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. # 23/57 KAMRUP EAST DIVISION BASISTHA GUWAHATI-29 ASSAM. Advocate for the Petitioner : MR. A TIWARI Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 6631/2017 1:M/S. KYONGKHAN INDUSTRIES A PROP FIRM HAVING ITS PLACE OF BUSINESS SITUATED AT CHOWKHAM INDUSTRIAL ESTATE P. O AND P. S- CHOWKHAM DIST- NAMSAI ARUNACHAL PRADESH REP. BY ITS AUTHORISED SIGNATORY SRI SURAJBHAN SHARMA VERSUS 1:THE STATE OF ASSAM and 4 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPTT.

OFENVIRONMENT AND FOREST DISPUR GHY- 06 ASSAM 2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM ENVIRONMENT AND FOREST DISPUR GUWAHATI- 06 ASSAM 3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTSLEGAL AND HEAD OF FOREST FORCE ASSAM PANJABARI GHY- 36 ASSAM 4:THE DIVISIONAL FOREST OFFICER KAKOPATHER FOREST CHECK GATE DOOM DOOMA DIVISION DIST- TINSUKIA Page No. # 24/57 ASSAM 5:THE RANGE FOREST OFFICER KAKOPATHER RANGE BEAT KAKOPATHER DOOM DOOMA DIVISION DIST- TINSUKIA ASSAM Advocate for the Petitioner : MR A TEWARI Advocate for the Respondent : Linked Case : WP(C) 6185/2017 1:ASSAM TIMBER PRODUCTS PVT LTD A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE SITUATED AT PO- RUPAL SIDING PS- DOOM DOOMA DIST. TINSUKIA PIN- 786153 ASSAM REP. BY ITS GENERAL MANAGER SRI BIMAL KUMAR SINGH VERSUS 1:THE STATE OF ASSAM AND 10 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 : MR A TEWARI Advocate for the Respondent : Linked Case : WP(C) 6015/2017 1:JAYSHREE CHEMICAL INDUSTRIES Page No. # 25/57 A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OF THE INDIAN PARTNERSHIP ACT 1932 HAVING ITS REGISTERED OFFICE AT 1 NO. CHOTAHAPJAN GAON P. O. BORHAPJAN DIST. TINSUKIA ASSAM REPRESENTED BY ITS PARTNER SRI BINOD KUMAR 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 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 TIWARI Advocate for the Respondent : Page No. # 26/57 Linked Case : WP(C) 6610/2017 1:M/S TUMBA SAW and VENEER MILLS A PARTNERSHIP FIRM REGD UNDER THE INDIAN PARTNERSHIP ACT HAVING ITS PLACE OF BUSINESS SITUATED AT MEDO INDUSTRIAL ESTATE P. O- MEDO P. S- WAKRO DIST- LOHIT ARUNACHAL PRADESH REP. BY ITS PARTNER SRI ASHOK KUMAR AGARWAL 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- 06 ASSAM 2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM ENVIRONMENT AND FOREST DISPUR GUWAHATI- 06 ASSAM 3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTSLEGAL AND HEAD OF FOREST FORCE ASSAM PANJABARI GHY- 36 ASSAM 4:THE DIVISIONAL FOREST OFFICER KAKOPATHER FOREST CHECK GATE DOOM DOOMA DIVISION DIST- TINSUKIA ASSAM 5:THE RANGE FOREST OFFICER KAKOPATHER RANGE BEAT KAKOPATHER DOOM DOOMA DIVISION DIST- TINSUKIA Page No. # 27/57 ASSAM Advocate for the Petitioner : MS.

P ADHIKARI Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 5963/2017 1:SHREE TIMBER PRODUCTS PVT. LTD. A PVT LTD COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 AND HAVING ITS REGD OFFICE AND FACTORY AT MAKUM INDUSTRIAL AREA-II TINGRAI BENGALI GAON MAKUM DIGBOI ROAD ASSAM AND REP. BY SRI PRABHJOT SINGH HUNDAL ONE OF THE DIRECTORS OF THE PETITIONER COMPANY VERSUS 1:THE STATE OF ASSAM AND 9 ORS REP. BY THE COMMISSIONER AND SECRETARYTO THE GOVT OF ASSAM DEPTT. OF ENVIRONMENT AND FORESTS DISPUR GHY- 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 PANJABARI GUWAHATI - 781036. 4:DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA GUWHAATI-29. Page No. # 28/57 5:BEAT FOREST OFFICER JORABAT BEAT KAMRUP EAST DIVISION BASISTHA GUWAHATI -29. 6:BEAT FOREST OFFICER FOREST RANGE OFFICE BYRNIHAT DIST.

KAMRUP 7:BEAT FOREST OFFICER KHATKHATI BEAT FOREST RANGE KARBI ANGLONG DIST. KARBI ANGLONG. 8:BEAT FOREST OFFICER FOREST RANGE OFFICER DOOM DOOMA ASSAM 9:BEAT FOREST OFFICER FOREST RANGE OFFICE LAKHIMPUR ASSAM 10:BEAT FOREST OFFICER FOREST RANGE OFFICE JAGUN MARGHERITA SUB-DIVISION ASSAM Advocate for the Petitioner : MS. N HAWELIA Advocate for the Respondent : Linked Case : WP(C) 6766/2017 1:M/S. KALING SAW and VENEER MILL A PROPRIETORSHIP FIRM HAVING ITS PLACE OF BUSINESS SITUATED AT CHOWKHAM INDUSTRIAL ESTATE PO and PS- CHOWKHAM DIST. NAMSAI ARUNACHAL PRADESH REP. BY ITS POWER OF ATTORNEY HOLDER SRI OM PRAKASH MODI Page No. # 29/57 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 FORST FORCE ASSAM PANJABARI GUWAHATI-781036 ASSAM 4:THE DIVISIONAL FOREST OFFICER KAKOPATHER FOREST CHECK GATE DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM 5:THE RANGE FOREST OFFICER KAKOPATHER RANGE BEAT KAKOPATHER DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM Advocate for the Petitioner : MS. S KUMARI Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 6501/2017 1:M/S. A. K. TIMBERS and ANR. HAVING ITS REGD. OFFICE AND FACTORY AT CHOWKHAM INDUSTRIAL ESTATE P. O. CHOWKHAM Page No. # 30/57 DIST. NAMSAI ARUNACHAL PRADESH REP. BY SRI SAHIL AGARWAL. 2: SAHIL AGARWAL MANAGER R/O. 17TH MILE INDUSTRIAL AREA P. O. JAIRAMPUR ARUNACHAL PRADESH. VERSUS 1:THE STATE OF ASSAM and 9 ORS. REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM DEPTT. OF ENVIRONMENT and FOREST DISPUR GHY. -781006. 2:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT and FOREST DEPTT. DISPUR GHY.

-781006. 3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS L and HEAD OF FOREST FORCE ASSAM PANJABARI GHY. -781036. 4:DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA GHY. -29. 5:BEAT FOREST OFFICER JORABAT BEAT KAMRUP EAST DIVISION BASISTHA GHY. -29. 6:BEAT FOREST OFFICER FOREST RANGE OFFICE BYRNIHAT DIST. KAMRUP. 7:BEAT FOREST OFFICER Page No. # 31/57 KHATKHATI BEAT FOREST RANGE KARBI ANGLONG DIST. KARBI ANGLONG. 8:BEAT FOREST OFFICER FOREST RANGE OFFICE DOOM DOOMA ASSAM. 9:BEAT FOREST OFFICER FOREST RANGE OFFICE LAKHIMPUR ASSAM. 10:BEAT FOREST OFFICER FOREST RANGE OFFICE HALWATING SIBSAGAR ASSAM. Advocate for the Petitioner : MS. N GOGOI Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 6558/2017 1:M/S. SNEH TIMBER A SOLE-PROPRIETORSHIP CONCERN HAVING IT'S OFFICE AT PANBAZAR GUWAHATI-781001 KAMRUP M ASSAM AND IT'S DEPOT AND SIZING UNIT AT PACHIM BORAGAON N. H. 37 GHY. DIST. KAMRUP M ASSAM REP. BY IT'S SOLE-PROPRIETOR MR. PRAMOD KUMAR JAJODIA.

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. Page No. # 32/57 2:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT and FOREST DEPTT. DISPUR GHY. -781006. 3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS L and HEAD OF FOREST FORCE ASSAM PUNJABARI GHY. -36. 4:DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA GHY. -29. 5:FOREST BEAT OFFICER JORABAT BEAT KAMRUP EAST DIVISION GHY. -29. Advocate for the Petitioner : MR. R J BORDOLOI Advocate for the Respondent : Linked Case : WP(C) 6346/2017 1:MANDHANIA PLY PRIVATE LTD. HAVING ITS REGD. OFFICE SITUATED AT N. K. GHOSH MARKET A. T. ROAD TINSUKIA DIST. TINSUKIA ASSAM REP. BY ITS DIRECTOR SRI VIKASH AGARWALLA. 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 Page No. # 33/57 TO THE GOVT.

OF ASSAM ENVIRONMENT and FOREST DISPUR GHY. -781006 ASSAM. 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST L and HEAD OF FOREST FORCE ASSAM PUNJABARI GHY. -781036 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 TIWARI Advocate for the Respondent : Linked Case : WP(C) 5964/2017 1:GATTANI INDUSTRIES and ANR. A FIRM HAVING ITS REGISTERED OFFICE AND FACTORY AT CINNAMARA INDUSTRIAL ESTATE MARIANI ROAD JORHAT- 785008 ASSAM AND REP. BY SRI MAKHAN LAL GATTANI THE AUTHORISED SIGNATORY AND CEO OF THE PETITIONER FIRM. 2: LILA DHAR GATTANI S/O LT. SHIV DAYAL GATTANI OPP. MARUWARI THAKURBARI JORHAT- 785001 ASSAM VERSUS Page No. # 34/57 1:THE STATE OF ASSAM and 9 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ENVIRONMENT and FOREST DISPUR GUWHAATI - 781006.

2:PRINCIPAL SECRETARY TO THE GOVT. OF A SSAM ENVIRONMENT and FOREST DEPARTMENT DISPUR GUWAHATI - 781006. 3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS and HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI - 781036. 4:DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA GUWAHATI-29. 5:BEAT FOREST OFFICER JORABAT BEAT KAMRUP EAST DIVISION BASISTHA GUWAHATI -29. 6:BEAT FOREST OFFICER FOREST RANGE OFFICE BYRNIHAT DIST. KAMRUP 7:BEAT FOREST OFFICER KHATKHATI BEAT FOREST RANGE KARBI ANGLONG DIST. KARBI ANGLONG. 8:BEAT FOREST OFFICER FOREST RANGE OFFICE DOOM DOOMA ASSAM 9:BEAT FOREST OFFICER FOREST RANGE OFFICE LAKHIMPUR Page No. # 35/57 ASSAM 10:BEAT FOREST OFFICER FOREST RANGE OFFICE JAGUN MARGHERITA SUB-DIVISION ASSAM Advocate for the Petitioner : MSM L GOPE Advocate for the Respondent : Linked Case : WP(C) 7201/2017 1:M/S J SAW AND MILL PVT. LTD. HAVING ITS REGD. OFFICE and MANUFACTURING AT 15TH MILE BYRNIHAT P. O. BYRNIHAT DIST. RI-BHOI MEGHALAYA REP. BY ITS DIRECTOR SRI RAJAT SUDHAN.

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 OF FOREST L and HEAD OF FOREST FORCE ASSAM PUNJABARI GHY. -781036 ASSAM. 4:THE DIVISIONAL FOREST OFFICER Page No. # 36/57 KAMRUP EAST DIVISION BASISTHA GHY. -29 ASSAM. 5:THE FOREST BEAT OFFICER JARABAT BEAT and KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION BASISTHA GHY. -29 ASSAM. Advocate for the Petitioner : MS. P ADHIKARI Advocate for the Respondent : Linked Case : WP(C) 7662/2017 1:M/S. BHANDARI TIMBER INDUSTRY A PROPRIETORSHIP FIRM HAVING ITS MANUFACTURING UNIT and PLACE OF BUSINESS SITUATED AT FOOTHILL MERAPANI BHANDARI P. S. BHANDARI DISTRICT WOKHA NAGALAND-787111 REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI SANJAY AGARWAL. VERSUS 1:THE STATE OF ASSAM and 5 ORS.

REPRESENTED 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 GOVERNMENT OF ASSAM ENVIRONMENT and FOREST DISPUR GUWAHATI-781006 ASSAM. 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST LEGAL and HEAD OF FOREST FORCE Page No. # 37/57 ASSAM PUNJABARI GUWAHATI-781036 ASSAM. 4:THE DIVISIONAL FOREST OFFICER GOLAGHAT RANGE GOLAGHAT ASSAM. 5:THE RANGE OFFICER MERAPANI RANGE GOLAGHAT ASSAM. 6:THE FOREST BEAT OFFICER MERAPANI BEAT GOLAGHAT DIVISION GOLAGHAT ASSAM. Advocate for the Petitioner : MS. P ADHIKARI Advocate for the Respondent : Linked Case : WP(C) 5965/2017 1:M/S. GREENPLY INDUSTRIES LTD. A COMANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 AND HAVING ITS REGD OFFICE AT MAKUM ROAD TINSUKIA ASSAM AND ITS MANUFACTURING UNIT AT P. O- TIZIT MON . NAGALAND- 798602 REP. BY SRI SURESH KUMAR SHARMA VERSUS 1:THE STATE OF ASSAM and 9 ORS. REP.

BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPTT. OF ENVIRONMENT AND FORESTS DISPUR GUWAHATI- 781006 Page No. # 38/57 2:PRINCIPAL SECRETARY TO THE GOVT OF ASSAM ENVIRONMENT AND FORESTS DEPTT. DISPUR GUWAHATI- 781006 3:PRINCIPAL CHIEF CONSERVATOR OF FORESTSLEGAL and HEAD OF FOREST FORCE ASSAM PANJABARI GHY- 781036 4:DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA GHY- 29 5:BEAT FOREST OFFICER JARABAT BEAT KAMRUP EAST DIVISION BASISTHA GHY- 29 6:BEAT FOREST OFFICER FOREST RANGE OFFICE BYRNIHAT DIST- KAMRUP 7:BEAT FOREST OFFICER KHATKHATI BEAT FOREST RANGE KARBI ANGLONG DIST- KARBI ANGLONG 8:BEAT FOREST OFFICER FOREST RANGE OFFICE DOOM DOOMA ASSAM 9:BEAT FOREST OFFICER FOREST RANGE OFFICE LAKHIMPUR ASSAM 10:BEAT FOREST OFFICE FOREST RANGE OFFICE JAGUN MARGHERITA SUB-DIVISION Page No. # 39/57 ASSAM Advocate for the Petitioner : MS. N MECH Advocate for the Respondent : Linked Case : WP(C) 6618/2017 1:M/S.

SWATI WOOD PRODUCTS A PROPRIETORSHIP FIRM HAVING ITS PLACE OF BUSINESS SITUATED AT CHOWKHAM INDUSTRIAL ESTATE P. O. and P. S. CHOWKHAM DIST. NAMSAI ARUNACHAL PRADESH REP. BY ITS POWER OF ATTORNEY HOLDER SRI KISHORILAL 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 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- 78036 ASSAM 4:THE DIVISIONAL FOREST OFFICER KAKOPATHER FOREST CHECK GATE DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM 5:THE RANGE FOREST OFFICER KAKOPATHER RANGE BEAT Page No. # 40/57 KAKOPATHER DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM Advocate for the Petitioner : MS. P ADHIKARI Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 7698/2017 1:M/S.

EDEN FOREST PRODUCT A PROPRIETORSHIP FIRM HAVING ITS MANUFACTURING UNIT and PLACE OF BUSINESS SITUATED AT MILAK INDUSTRIAL ESTATE 10TH MILE TULI P. S. TULI DIST. MOKOKCHUNG NAGALAND- 798623 REP. BY ITS AUTHORIZED SIGNATORY SRI SANJAY AGARWAL. 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 GUWAATI - 781006 ASSAM 3:THE PRINIPAL CHIEF CONSERVATOR OF FOREST LEGAL and HEAD OF FOREST FORCE ASSAM PUNJABARI GUWAHATI - 781036 ASSAM 4:THE DIVISIONAL FOREST OFFICER SIVASAGAR RANGE Page No. # 41/57 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.

D WANGDI Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 6768/2017 1:PLYBOARDS INDIA A PROPRIETORSHIP FIRM HAVING ITS PLACE OF BUSINESS and MANUFACTURING UNIT SITUATED AT VILLAGE- CHOTAHAPJAN MAKUM JUNCTION PO and PS MAKUM DIST. TINSUKIA-786170 ASSAM REP. BY SRI DEBOBRATA ROY 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 Page No. # 42/57 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 JARABAT BEAT and KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION BASISTHA GUWAHATI-29 ASSAM 6:THE RANGE FOREST OFFICER RUPAI BEAT OFFICE RANGE TINSUKIA DIBRUGARH DIVISION DIST.

TINSUKIA ASSAM Advocate for the Petitioner : MR. D WANGDI Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 6592/2017 1:M/S. SONGKU SAW MILL HAVING ITS PLACE OF BUSINESS SITUATED AT MEDO INDUSTRIAL ESTATE P. O. MEDO P. S. WAKRO DIST. LOHIT ARUNACHAL PRADESH REP. BY ITS AUTHORIZED SIGNATORY SRI SANDEEP BAHETY VERSUS 1:THE STATE OF ASSAM and 4 ORS. Page No. # 43/57 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 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 KAKOPATHER FOREST CHECK GATE DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM. 5:THE RANGE FOREST OFFICER KAKOPATHER RANGE BEAT KAKOPATHER DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM. Advocate for the Petitioner : MS.

S KUMARI Advocate for the Respondent : Linked Case : WP(C) 6516/2017 1:M/S SAMSONG TIMBER INDUSTRIES PVT. LTD HAVING ITS REGD. OFFICE SITUATED AT P. O. TAZIT P. S. TAZIT DIST. MON NAGALAND REP. BY ITS MANAGER SRI PANKAJ BHARALI Page No. # 44/57 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. -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 L and HEAD OF FOREST FORCE ASSAM PUNJABARI GHY. -781036 ASSAM. 4:THE DIVISIONAL FOREST OFFICER SIVASAGAR DIVISION SIVASAGAR ASSAM. 5:THE FOREST BEAT OFFICER NAMTOLA SONARI FOREST BEAT OFFICE SIVASAGAR DIVISION SIVASAGAR ASSAM. 6:THE FOREST BEAT OFFICER HAULUATING BEAT SIVASAGAR DIVISION DIST. SIVASAGAR ASSAM. Advocate for the Petitioner : MS. P ADHIKARI Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 5983/2017 Page No.

# 45/57 1:M/S KAZIRANGA WOOD PRODUCTS PVT. LTD A PRIVATE COMPANY INCORPORATED UNDER THE PROVISION OF HTE COMPANIES ACT 1956 AND HAVING ITS OFFICE AND FACTORY AT VILLAGE- PASCHIM BORAGAON PO- JALUKBARI DIST. KAMRUP METRO ASSAM-781033 REP. BY SRI ANIL AGARWALA VERSUS 1:THE STATE OF ASSAM AND 9 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-781036 4:DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA GUWAHATI-29 5:BEAT FOREST OFFICER JORABAT BEAT KAMRUP EAST DIVISION BASISTHA GUWAHATI-29 6:BEAT FOREST OFFICER FOREST RANGE OFFICE BYRNIHAT DIST. KAMRUP 7:BEAT FOREST OFFICER KHATKHATI BEAT Page No. # 46/57 FOREST RANGE KARBI ANGLONG DIST.

KARBI ANGLONG 8:BEAT FOREST OFFICER FOREST RANGE OFFICE DOOM DOOMA ASSAM 9:BEAT FOREST OFFICER FOREST RANGE OFFICE LAKHIMPUR ASSAM 10:BEAT FOREST OFFICER FOREST RANGE OFFICE JAGUN MARGHERITA SUB-DIVISION ASSAM Advocate for the Petitioner : MISSM GOPE Advocate for the Respondent : Linked Case : WP(C) 6673/2017 1:M/S TAFRAGAM SAW MILL PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS MANUFACTURING AND REGD OFFICE SITUATED AT CHOWKHAM INDUSTRIAL ESTATE P. O AND P. S- CHOWKHAM DIST- NAMSAI ARUNACHAL PRADESH REP. BY ITS DIRECTOR SRI NIMISH PATWARI 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 Page No.

# 47/57 2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM ENVIRONMENT AND FOREST DISPUR GUWAHATI- 06 ASSAM 3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTSLEGAL AND HEAD OF FOREST FORCE ASSAM PANJABARI GHY- 36 ASSAM 4:THE DIVISIONAL FOREST OFFICER KAKOPATHER FOREST CHECK GATE DOOM DOOMA DIVISION DIST- TINSUKIA ASSAM 5:THE RANGE FOREST OFFICER KAKOPATHER RANGE BEAT KAKOPATHER DOOM DOOMA DIVISION DIST- TINSUKIA ASSAM Advocate for the Petitioner : MR. D WANGDI Advocate for the Respondent : Linked Case : WP(C) 6774/2017 1:EASTERN WOOD SUPPLIERS A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OF THE INDIAN PARTNERSHIP ACT HAVING ITS PLACE OF BUSINESS and MANUFACTURING UNIT SITUATED AT MAWIABAN INDUSTRIAL ESTATE P. O. NONGSTOIN PIN - 793119 DIST. WEST GARO HILLS MEGHALAYA REP. BY ITS PARTNER SRI KRISHNA KUMAR MURARKA VERSUS 1:THE STATE OF ASSAM and 4 ORS. Page No. # 48/57 REP. BY THE COMMISSINER AND SECRETARY TO THE GOVT.

OF ASSAM DEPARTMENT OF ENVIRONMENT and FOREST DISPUR GUWAAHTI - 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. S KUMARI Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 6622/2017 1:M/S DIYUN WOOD PRODUCTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT 1956 HAVING ITS MANUFACTURING and REGISTERED OFFICE SITUATED AT NAMPHAI INDUSTRIAL ESTATE P. O. and P. S. MAIO DIST. CHANGLANG ARUNACHAL PRADESH Page No. # 49/57 REP. BY ITS DIRECTOR SRI NIMISH PATWARI VERSUS 1:THE STATE OF ASSAM AND 8 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASAM 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 KAKOPATHER FOREST CHECK GATE DOOM DOOMA DIVISION DIST. TINSUKIA ASSAM 5:THE DIVISIONAL FOREST OFFICER JAGUN FOREST CHECK GATE DIGBOI DIVISION DIST. TINSUKIA ASSAM 6:THE RANGE FOREST OFFICER JAGUN FOREST CHECK GATE DIGBOI DIVISION DIST. TINSUKIA ASSAM. 7:THE RANGE FOREST OFFICER KAKOPATHER RANGE BEAT KAKOPATHER DOOM DOOMA DIVISION Page No. # 50/57 DIST. TINSUKIA ASSAM 8:THE FOREST BEAT OFFICER KHATKHATI BEAT KHATKHATI FOREST CHECK GATE KARBI ANGLONG EAST DIVISION DIPHU DIST. KARBI ANGLONG ASSAM 9:THE FOREST BEAT OFFICER JORABAT and KHANAPARA BEAT OFFICER KAMRUP EAST DIVISION BASISTHA GUWAHATI-29 ASSAM. Advocate for the Petitioner : MS.

S KUMARI Advocate for the Respondent : Linked Case : WP(C) 6645/2017 1:M/S. KAMLAO VENEER MILL A PROP. FIRM HAVING ITS MANUFACTURING AND PLACE OF BUSINESS SITUATED AT 17TH MILE INDUSTRIAL ESTATE P. O- JAIRAMPUR DIST- CHANGLANG ARUNACHAL PRADESH REP. BY ITS PROP. SRI OMAK APANG VERSUS 1:THE STATE OF ASSAM and 6 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 Page No.

# 51/57 GHY- 06 ASSAM 3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTSLEGAL AND HEAD OF FOREST FORCE ASSAM PUNJABARI GHY- 36 ASSAM 4:THE DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA GUWAHATI- 29 ASSAM 5:THE FOREST BEAT OFFICER JARABAT BEAT and KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION BASISTHA GUWAHATI- 29 ASSAM 6:THE RANGE FOREST BEAT OFFICER MARGHERITA WEST RANGE DIGBOI DIVISION DIST- TINSUKIA ASSAM 7:THE RANGE FOREST OFFICE JAGUN RANGE OFFICE DIGBOI DIVISION DIST- TINSUKIA ASSAM Advocate for the Petitioner : MS. P ADHIKARI Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 6929/2017 1:M/S. S. K. DEWSAW WOOD PRODUCTS A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OF THE INDIAN PARTNERSHIP ACT HAVING ITS PLACE OF BUSINESS and MANUFACTURING AT NO. 1 Page No. # 52/57 UMIAM INDUSTRIAL AREA BARAPANI P. O. UMIAM DIST. RI-BHOI MEGHALAYA REP. BY ITS PARTNER SRI VINOD KUMAR JAIN 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 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) 6014/2017 Page No. # 53/57 1:DHUBRI PLYWOOD FACTORY A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE SITUATED AT VILL. KOKJHAR P. O. and P. S. PALASBARI DIST. KAMRUP ASSAM REPRESENTED BY ITS DIRECTOR SRI VINAY JAIN. 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 KAMRUP EAST DIVISION BASISTHA GUWAHATI-29 ASSAM. 6:THE RANGE FOREST OFFICER PALASBARI RANGE Page No. # 54/57 MIRZA DIST. KAMRUP ASSAM. Advocate for the Petitioner : MS. S KUMARI Advocate for the Respondent : GA ASSAM Linked Case : WP(C) 6304/2017 1:EASTERN SAW MILL A PROP. FIRM HAVING ITS MANUFACTURING UNIT AND PLACE OF BUSINESS SITUATED AT UMIAM INDUSTRIAL AREA UMIAM DIST- RIBHOI- 793101 MEGHALAYA REP. BY ITS AUTHORISED SIGNATORY SRI VIKASH JAIN VERSUS 1:THE STATE OF ASSAM and 4 ORS. REP.

BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF ENVIRONMENT AND FORESTS 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 FORESTSLEGAL AND HEAD OF FOREST FORCE PANJABARI GUWAHATI- 36 ASSAM 4:THE DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA GUWAHATI- 29 ASSAM Page No. # 55/57 5:THE FOREST BEAT OFFICER JORABAT BEAT AND KHANAPARA BEAT OFFICE KAMRUP EAST DIVISION BASISTHA GUWAHATI-29 ASSAM Advocate for the Petitioner : MR. A TIWARI Advocate for the Respondent : BEFORE THE HON’BLE MR JUSTICE PRASANTA KUMAR DEKA ORDER 06. 01. 2020 This order is going to be dispose of the above bunch of writ petition on the same issue. Heard Ms M. L. Gope, the learned counsel, Mr. A. Tewari, the learned counsel, Ms. N. Hawelia, the learned counsel, Ms. P. Adhikari, Mr. D. Wangdi, the learned counsel, Mr. D. Saraf, the learned counsel and Mr. B.

Goswami, the learned counsel for the petitioners. Also heard Mr. D Mazumdar, the learned Senior Counsel and Additional Advocate General, Assam, assisted by Mr. S. Dutta, the learned Standing Counsel, Forest Department for the respondents. All the writ petitions challenge 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 as below and the contents and its enhanced rates are reproduced herein below:- “GOVERNMENT OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR: GUWAHATI ORDERS BY THE GOVERNOR NOTIFICATION Dated Dispur, the 6 the March, 2017. No. FRE-118/2014/201: The Governor of Assam is hereby pleased to publish the Page No.

# 56/57 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. Commodity on which levy is to be realised Rate of levy on entering through inter-state boundaries fixed against the commodity Timber Rs. 600/- Per Cubic metre Non-Timber Forest Produce (NTFP) Rs. 300/- per truck Rs. 500/- per truck Rs. 500/- per truck Rs. 100/- per truck 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. Sd/ (P. K. Borthakur, IAS) Principal Secretary to the Government of Assam Environment and Forest Department. ” Similar writ petitions were disposed of vide order dated 27. 09. 2019 in batch of writ petitions with the lead case WP(C) No.

3140/2017 and this court after discussing elaborately the law holding the field held as follows:- “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 manufactured or produced within the State, vis-a vis, tax or levy on such goods. Page No. # 57/57 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. Clause (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 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. ” Accordingly, the present writ petitions are disposed of as the same are covered by the aforesaid order dated 27. 09. 2019, and calling upon the Government of Assam, Forest and Environment Department to look afresh into the notification bearing no. FRE 118/2014/201 dated 06. 03.

2017 and till a final decision is arrived, the respondents shall not insist on the enhanced rates indicated in the impugned notification dated 06. 03. 2017 in respect of the commodities referred in the said notification. Accordingly these writ petitions are disposed of. JUDGE Comparing Assistant

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