The down stream products which are manufac tured from this raw material are varnish, camphor, paints and turpene chemicals.
The petitioner company in writ petition No.
Ramaswamy, Additional Solicitor General Anil Dev Singh, P.S. Shroff, S.S. Shroff, R. Karanjawala, Mrs. M. Karanjawala, Ejaz Maqbool, Mrs. Shobha Dikshit, E.C. Aggar wal, B.V. Desai, Ms. Madhavi Gupta, C.S. Vaidyanathan and V. Deshpande for the Respondents.
Dr. Y.S. Chitale, Soli J. Sorabiee, A.B. Diwan, B.V. Desai, Ms. Madavi Gupta, Bharat Sangal, Harish N. Salve, V.S.N. Chari, Ms. Sunita Modigunda, Ms. Vrinda Grover and K. Bhattacharya for the Petitioners.
As stimulus Government offered land and other facilities.
The Judgment of the Court was delivered by RANGANATH MISRA, J. These are three petitions under Art.
Section 1 gives the short title, extent and the date of companymencement while s. 2 defines four terms, namely, prescribed, resin, resin depot and resin products.
751/86 obtained under Government order dated 27.4.1979 allotment of 10 to 12 lacs of blazes annually for extraction of resin from the inaccessible forests in Poonch, Reasi and Ramban Divisions of the State for a period of 10 years on terms and companyditions set out in the said Government order.
32 of the Constitution by three different groups of peti tioners.
Government order had also been made granting rights in favour of the petitioner company in writ petition No.
The Act has seven sections in all.
Section 3 bans extraction and other dealings of resin by private persons while s, 4 makes provision for disposal of resin.
The petitionercompany in each of these cases obtained the right to companylect oleo resin gum or to process the same for industrial purposes from the State of Jammu Kashmir and each of them seeks to challenge the vires of the provisions of the Jammu Kashmir Extrac tion of Resin Act 7 of 1986 hereinafter referred to as the Act .
In each of these writ petitions petitioner No.
While the petitioners were carrying on their business activities, Governors Act 7 of 1986, the provisions whereof are impugned in these petitions by which all their existing rights came to terminate, came into force with effect from 23.4.1986.
798/86 was a processor only and had number undertaken to work as a tapper.
794/86.
1980 3 SCR 1336 .
1 is a private limited companypany and the second petitioner is a shareholder thereof.
While the petitioner company in writ petition No.
The order made in favour of the petitioner company in writ petition No.
Though there are some variations of facts relevant to each of the writ petitions, the allegations are more or less similar in regard to the relevant companytentions both factual and legal.
Under Article 32 of the Constitution of India.
Resin is the secretion extracted by tapping or otherwise from chir, chil and kail trees wildly growing in the forests of Jammu Kashmir.
CIVIL ORIGINAL JURISDICTION Writ Petition Nos.
These three writ petitions were heard at a time and are number being disposed of by a companymon judgment.
It is an exudate and when subjected to chemical treatment and distillation with the aid of steam yields 70 resin, 15 turpentine and the remaining 15 of waste material.
When rule was issued the respondent State came with almost the same plea, traversing companymon grounds and revealing a companymon stand in its returns to the Court.
In the seventies, the State of Jammu Kashmir decided to industrialise the hitherto under developed State and with that end in view came forward with scheme and threw open invitation to outsiders to set up industries at companyvenient places within the State.
1986 2 SCC 354.
v. State of Jammu Kashmir Ors.,
794/86 and incorporated in the agreement dated 6.11.
1978 had also been challenged in a separate writ petition before this Court and the reasoned order for rejection of the writ petition is found in Brij Bhushan Ors.
798/86 had agreed to work as processor only.
The Act sought to create a monopoly with refer ence to resin in favour of J K Industries Limited, which is a respondent to these petitions.
751, 794 and 798 of 1986.
794/86 who had been operating from before as tappers only entered into a formal agreement with the State claiming to process and manufacture down stream goods.
The petitioners in these three writ petitions and another who has since withdrawn the writ petition, went into the State of Jammu Kashmir in response and negotiated the arrangements we have already adverted to.
751/86 had agreed to work as tapper and processor on the stipula tion that 25 of the annual companylection of gum subject to minimum of 1500 metric tonnes would be made over to the Government companypany J K Industries Limited and out of the rest number exceeding the limit of 3500 metric tonnes would be used by them, the petitioner company in writ petition No.
