Bhopal, March 6 The Madhya Pradesh High Court has invalidated a 2015 government notification which permitted the felling of several species of trees and their transportation without a permit.
In an observation with a touch of levity, the court referenced the recent movie 'Pushpa', noting its portrayal of a syndicate of traders and smugglers involved in the illegal transportation, trading, and selling of red sandalwood in the dense forests of Seshachalam, Andhra Pradesh. This depiction highlighted how such a syndicate could gain influence, affecting various levels of governance, from the police to the forest department, policymakers, and legislators. The film illustrated how illegal business and transportation of forest produce could penetrate deep forests and, in collusion with state machinery, deplete the forest of its natural wealth.
A bench of Chief Justice Suresh Kumar Kait, Justice Sushrut Arvind Dharmadhikari and Justice Vivek Jain observed that the right to life as enshrined in Article 21 of the Constitution of India is fundamentally linked to the “protection and conservation of the environment, forests, and natural resources”.
The court emphasised two inherent limitations on the state's power to grant exemptions under Section 41(3) of the Forest Act: the 'necessity test' and the 'causal connection test.' This section of the Forest Act provides powers that “any rule made under this section shall not apply to any specified class of timber or other forest-produce or to any specified local area.”
The state government, through its September 2015 notification, initially exempted 53 species of forest produce from the operation of the rigours of regulatory provisions under the Transit Rules. This notification initially had 53 species of forest produce, which included a large number of those species which are stated to be present in abundance in the dense forests of Madhya Pradesh in various districts.
Also, through another notification in April 2017, the aforesaid notification was amended to exclude another 9-10 species of forest produce from the rigours of Transit Rules.
The notification was challenged in the Indore bench of High Court and Principal Seat Jabalpur in two writ petitions.
While abrogating the notification and subsequent amendment, the court revived the Transit Pass rules 2000 with immediate effect.
Any species, the court said in its order, found substantially or significantly in the forest areas of Madhya Pradesh cannot be subjected to a blanket exemption from the regulatory regime or the Transit Pass Rules.
The impugned notification dated September 24, 2015, and its subsequent amendments, which excluded 62-63 species of plants and forest produce, were issued without independent background research, surveys, or empirical studies by the state to demonstrate compelling circumstances for such exemptions, especially on an indefinite basis, observed the court.
The annulment of the 2015 notification may lead to the revival of previously issued notifications from 2005 and 2007, which exempted around 13-14 species for the entire state of Madhya Pradesh.
The matter is listed before the court on March 10, 2025, for “necessary direction and orders” once the state files a status report of compliance with the order.
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