SUSHILA SAW MILL versus STATE OF ORISSA AND ORS.

SUSHILA SAW MILL versus STATE OF ORISSA AND ORS.

The statutory total prohibition on saw mill operations in or within 10 km of reserved or protected forests is valid, not arbitrary or unreasonable, as individual interests must yield to public interest in forest conservation; the Act is a valid class legislation and not discriminatory, thus not violative of Articles 14, 19(1)(g) or 301.

Parties
Petitioner: Sushila Saw Mill; Respondents: State of Orissa and Ors.
Jurisdiction
India
Judgment Date
31 July 1995
Procedural Posture
Special Leave Petition (civil) / Supreme Court Review of Orissa High Court Dismissal
Outcome
Petition dismissed
Legal Topics
Right to Trade and Business, Regulation of Saw Mills, Class Legislation, Public Interest Restrictions
Constitutional Law Environmental Law Administrative Law Right to Trade and Business Regulation of Saw Mills Class Legislation Public Interest Restrictions

Case Brief

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Parties

Sushila Saw Mill

Petitioner

State of Orissa and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Review of Orissa High Court Dismissal

Legal Issues

  1. 1 Whether the total prohibition under Section 4(1) proviso of the Orissa Saw Mills & Saw Pits (Control) Act, 1991, violates Articles 14, 19(1)(g) and 301 of the Constitution
  2. 2 Whether the Act constitutes impermissible class legislation or discrimination against certain districts

Ratio Decidendi

The statutory total prohibition on saw mill operations in or within 10 km of reserved or protected forests is valid, not arbitrary or unreasonable, as individual interests must yield to public interest in forest conservation; the Act is a valid class legislation and not discriminatory, thus not violative of Articles 14, 19(1)(g) or 301.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition accordingly dismissed