MP High Court Cites Wrath Of Timber Mafia Depicted In 'Pushpa', Annuls Notification Exempting 62 Species Of Forest Produce From Transit Rules

In a significant ruling, a three-judge bench of the Madhya Pradesh High Court has annulled a 2015 State Notification exempting 62 species of forest produce from the operation of the rigours of provisions under the Transit Rules, 2000.The court held the 2015 notification and subsequent 2017 amendment are "ultra vires" the provisions of Sections 41(1), (2) & (3) of the Forests Act and violative of Articles 14, 21, 48-A of the Constitution of India. It further observed that it was constrained to believe that exemption notification "had made the trees, plantation and biodiversity of the State present in its forest areas extremely vulnerable to the timber mafia". In doing so, the Court said that the power of exemption available under Section 41(3) of Indian Forest Act seems to have been unmindfully exercised, without undertaking any study or research survey of the species exempted, which amounts to gross abdication of constitutional duty as a 'trustee' of natural resources, as envisaged under Article 48A of the Constitution of India read with Section 41(1) of the Forest Act. Section 41 of the Indian Forest Act provides State the power to make rules to regulate transit of forest produce.Court refers to 'Pushpa', mafia of illegal transport of forest produce robs it of its natural wealthWhile making the observations, the Court on a lighter note referred to the movie 'Pushpa' stating that it highlighted the syndicate of traders and smugglers engaged in illegal transportation, trading and selling of red sandalwood in the deep green forests of Seshachalam, Andhra Pradesh. The court noted that it depicts how the "monster and mafia of illegal business and transportation of forest produce" can penetrate into the deep forests and in collusion with the State machinery rob the forest of its natural wealth, with the executive bending to the clout and influence of such syndicate of 'forest produce' peddlers.If non-exempted species appears similar to exempted ones it will be subjected to an 'axe'While answering a reference constituted squarely for determining the constitutionality and validity of the 2015 notification, a special bench of Chief Justice Suresh Kumar Kait, Justice Sushrut Dharmadhikari and Justice Vivek Jain observed:“The effect and impact of the impugned notifications exempting around 62 - 63 species of trees and plants and their forest produce is therefore palpably writ large. The senior officials of the forest department have been echoing the concern of illegal deforestation being amplified for generation, transportation and trading of trees and plants falling under the exempted category. The Court cannot lose sight of the fact that even though any species may not be exempted, but if in its appearances and resemblances it is strikingly similar to any of the exempted species, that may also become vulnerable to deforestation and being placed under the axe/hammer. One also cannot lose sight of the fact that the forest officials at the checking point/barrier naaka, possibly in the garb of permitting transportation of the exempted species may also permit those timber trees, timber and forest produce, which may have such similar resemblances. The possibility of abuse and misuse of the exempting provisions not only can be ruled out completely, but can be readily believed to be existing in many parts of the State. The interveners as well as the petitioners have highlighted in their applications supported by annexures how the various trees and plants growing naturally inside the dense and deciduous forest of the State have become vulnerable to being uprooted or chopped off with the active involvement of the timber mafia with the forest officials or local representatives of the Gram Panchayat.”The court also noted that 2015 notification was issued "mechanically", without studying and examining the fundamental aspect of impact of such exemptions on the existing forest cover of the State. It said that the same provokes the Court's conscience which has been compounded by "dissatisfactory answers" given by the State in the present proceedings. It underscored that it had been almost 10 years since the exemption notifications were issued and an additional obligation was on the State to examine the impact and correlation of the notification with the fast depleting forest cover of the State. It further referred to a Section 41(3) of the Forest Act to observed that the power available to the State Government is transitory, temporal power, having a fixed life/ duration, which is determined by the existence of compelling circumstances; hence the 'exception/ exemption clauses' also can never be presumed to be existing till eternity. The court was hearing a Public Interest Litigation plea challenging the constitutionality of a September 24, 2015 state gazette notification exempting 53 species of forest produce from the operation of the rigours of regulatory provisions under the Transit Rules. Subsequently through another...

MP High Court Cites Wrath Of Timber Mafia Depicted In 'Pushpa', Annuls Notification Exempting 62 Species Of Forest Produce From Transit Rules

Anukriti Mishra

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