JUDGMENT

A.M. Ahmadi, CJI - The petitioner, an environmentalist actuated by public interest, has filed this petition under Article 32 of the Constitution of India challenging the legality and constitutional validity of an order issued by the State of Madhya Pradesh, Department of Forest, No.F.14/154/91/10/2 dated March 28, 1995, permitting collection of tendu leaves from Sanctuaries and National Parks by villagers living around the boundaries thereof with the avowed object of maintenance of their traditional rights. The petitioner contends that this act of the State Government is ultra-vires the provisions of the Wild Life (Protection) Act, 1972, as well as the petitioner s fundamental rights guaranteed by Articles 14 and 21 of the Constitution and is even otherwise inconsistent with the Directive Principle contained in Article 48A and the Fundamental Duty cast on every citizen under clause (g) of Article 51A of the Constitution of India. The petitioner further contends that the said order is mala fide and against public interest. The order complained of reads as under:

"Government of Madhya Pradesh Department of Forest Mantralaya, Vallabh Bhawan, Bhopal

Immediate

S.No.F-14/154/91/1