AIR 1985 MADHYA PRADESH 235 ::1985 (2) CurCC 21 ::(1985) MPLJ 438

Madhya Pradesh High Court

Hon'ble Judge(s): C. P. Sen, S. Awasthy , JJ

Constitution of India , Art.14, Art.19(1)(g), Art.19(6)(ii)— Madhya Pradesh Kashtha Chiran (Viniyaman) Adhiniyam (13 of 1984) , S.4, S.6, S.11— Act is not ultra vires Art.19(1)(g) - Power conferred under S.6 is not arbitrary or unchannelised. Madhya Pradesh Kashtha Chiran (Viniyaman) Adhiniyam (13 of 1984) , S.4, S.6, S.11— @page-MP236 M. P. Kastha Chiran (Viniyaman) Adhiniyam, (13 of 1984), was enacted to make provisions for regulating in the public interest, the establishment and operation of saw mills and saw pits and trade of sawing for the protection and conservation of forests and the environment. As there is already State monopoly in trading in specified forest produce, it is necessary to regulate the establishment and working of the saw mills and the petitioner has no unrestricted right for trading or manufacturing any specified forest produce. Under Art.19(6)(ii) nothing contained in sub-clause (g) of Cl.(1) shall affect carrying on by the State any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise if it is in the interest of general public. So there is no question of any contravention of Art.19(1)(g) of the Constitution. In view of the provisions of Ss.4, 6 and 11 it cannot also be said that arbitrary and unchannelised powers have been given to the licensing a....