JUDGMENT

B.P. Jeevan Reddy, J.-Leave granted. Heard the counsel for the parties.

2. The Gauhati High Court has declared Rule 3 of the Transit Rules framed by the Government of Tripura under Sections 41 and 42 of the Indian Forest Act, 1927 as illegal and ultra vires the Constitution. The correctness of the said decision is challenged by the State of Tripura.

3. The Indian Forest Act, 1927 (the Act) was enacted to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce. The Act was extended to the then Union Territory of Tripura by the Union Territories (Laws) Act, 1950 (Act 30 of 1950). It continues to be applicable to the State of Tripura. The Indian Forest Act is thus a post-constitutional enactment, so far as Tripura is concerned, vide Mithan Lal v. The State of Delhi & Anr.1 and New Delhi Municipal Committee v. State of Punjab etc. etc.2.

4. Chapter II of the Act deals with reserved forests while Chapter III deals with village forests. Chapter IV deals with protected forests and while Chapter V with State Government control over forests and lands not being the property of the Government. Chapter VI provides for