Judgment

O. CHINNAPPA REDDY, J. :- These petitioners are nomad graziers of Gujarat and Rajasthan, who wander from place to place with their sheep, goats and cattle in search of pasture and foliage. Boundaries of States present no barriers to them. After all, to them and to their livestock, it is a question of survival. In their wanderings they often pass through the State of Madhya Pradesh en route some time to Uttar Pradesh and some times to Maharashtra. This happens particularly in times of drought in Gujarat and Rajasthan. The powers that be in the State of Madhya Pradesh became apprehensive that uninhibited passage of large herds of these animals through Madhya Pradesh may lead to large scale devastation of their forest wealth. So they hit upon a plain to prevent foreign cattle from browsing in Madhya Pradesh forests. For the moment, it was forgotten that India is one country and no Indian is a foreigner in any of the constitutent States of India. The plan was this. The Indian Forest Act, 1927 enabled the State Government to make rules to regulate the cutting of grass and pasturing of cattle in protected forests (S. 32(i)) and, generally, to carry out the provisions of the Act (S. 76). We may note here, cattle as defined by Section 2(i) includes buffaloes, sheep, goats and many other specie of browsing animals. We may also note that we are concerned in this case with protected forests only and not reserved forests. Rules had been made earlier by the M. P. Government in 1974 called the Madhya Pradesh Grazing Rates Rules. 1974, by which provision was made for grazing licences. transit grazing licences, grazing rates and other subjects. Rule 4 prohibited grazing in closed coupes, plantation areas and such other areas as were declared as close for grazing by the Divisional Forest Officer, Rule 3 provided for the issuance of licences for grazing in particular grazing units. each forest range being treated as a grazing unit till the constitution of such grazing units. Rule 5 provided for the issuance of transit licences for transit of cattle through Government forests in the State of Madhya Pradesh so that cattle in transit may not graze continuously for more than a month in a particular grazing unit. Rule 6 prescribed grazing rates, commercial and transit. For buffaloes it was Rs. 6/- per head per year. while for goats and sheep, it was Re 1 /- per head per year whether it was for commercial or transit purposes. Rule 7 prescribed grazing rates for foreign cattle of adjoining state. Whether the cattle grazed in the forest or passed through the forest, grazing was permitted at the rate of Rs. 10/- per head per year in the case of buffaloes and Rs. 2/- per head per year in the case of goats and sheep. In 1979, the rules made in 1974 were superseded and fresh rules were made. They are the rules now in force. Rule 2 (5) bans grazing in reserved forests. Rule 3 provides for the issue of grazing licences in grazing units so constituted. Until grazing units are constituted, each forest range is to be treated as a separate grazing unit. Rule 3(2) provides for the levy of grazing charges at rates to be notified from time to time. Rule 4 prohibits grazing in closed coupes, plantation areas and other areas which are declared as closed for grazing by the Divisional Forest Officer. R. 5 provides for transit grazing licences, on payment of grazing charges, for the transit of cattle through Government forests where the owners of the cattle are residents of Madhya Pradesh Cattle in transit, however, are not allowed to graze continuously in the same grazing unit for more than 30 days. R. 6 enables the Government to notify from time to time the rates of grazing charges and transit grazing charges payable by residents of Madhya Pradesh. -Rule 7 provides for the levy of grazing rates for foreign cattle of adjoining States. The rule enables the State Government to prohibit, restrict, or in their discretion to grant owners of cattle residing outside t