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2012 Supreme(SC) 130

K.S.RADHAKRISHNAN, CHANDRAMAULI KR.PRASAD
T. N. Godavarman Thirumulpad – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mohan Jain, ASG, P.S. Narasimha, Rajiv Dutta, Amarender Sharan, Basava Prabhu Patil, Senior Advocates, Gurukrishna Kumar, AAG, M/s. D.K. Thakur, Prabhat Kumar, Karthik Ashok, Sheethal Menon, Namrata Bhatia, S.N. Terdal, Gaurav Agarwal, K. Parmeswar, Haris Beeran, P.K. Manohar, Ms. Bina Madhavan, M.P. Maharia, Ms. Sangeeta Kumar, Ms. Anitha Shenoy, T.N. Rao, Balraj Dewan, M/s. Aruputham Aruna & Co., M/s. Parekh & Co., M.N. Krishma, N. Ganapathy, Ajay K. Dutta, S. Prasad, D. Bharathi Reddy, Ms. A. Subhashini, Tarjit Singh, Manjit Singh (For Kamal Mohan Gupta), Bishwajeet Dueby, Ms. Anushree Tripathi, M/s. Suresh A. Shroff & Co., A. Deb Kumar, Mudrika Bansal, Ms. Sukhbir Kaur Bajwa, Zafar Sadique, Anil Vyas, Balraj Dewan, Subramonium Prasad, Bipin Kalappa, Sumit Goel, Ms. Rukmini Bobde (for M/s. Parekh & Co.), K.R. Sasiprabhu, N.P. Maharia, G. Prakash, Sanjay R. Hegde, T.V. George, Advocates.

Judgment :-

K.S. Radhakrishnan, J.

We are in this case concerned with the question whether sandalwood (Santalum album Linn) stated to be an endangered species, be declared as a "specified plant" within the meaning of Section 2(27), and be included in the Schedule VI of The Wild Life (Protection) Act, 1972 (for short the Act). On going through the various international conventions, we thought it appropriate to examine the repeated requests made by the state of Andhra Pradesh to the Central Govt. to notify Red Sanders (Pterocarpus santalinus) as a 'specified plant' and be included in the Schedule VI of the Act.

2. A non-governmental organisation moved the Central Empowered Committee (CEC) to initiate steps for closure of all unlicensed sandalwood oil industries, particularly in the State of Kerala. CEC after conducting a detailed enquiry and hearing the state officials, representatives of the sandalwood industries and various other interested persons, submitted its report dated 24th February 2005 before this Court praying that all unlicensed sandalwood oil industries be also brought within the purview of this Court's order dated 30.12.2002 by which this Court had ordered the closure

















































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