Failure to comply with the mandatory time limit for filing a declaration results in government ownership of wildlife animal articles.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.05.2020 passed by the Division Bench of the High Court of Kerala at Ernakulam in Writ Appeal No. 109/2020, by which, the Division Bench of the High Court has allowed the said appeal preferred by the State of Kerala and others - respondent(s) herein and has quashed and set aside the judgment and order passed by the learned Single Judge in Writ Petition No. 4772/2019, by which the learned Single Judge disposed of the said writ petition by directing the appellants herein to consider the declaration made by the original writ petitioner under Rule 11 of the Declaration of Wild Life Stock Rules, 2003 (hereinafter referred to as the Rules, 2003) by relaxing the time to file such a declaration in case the time is relaxed in any other case, the original writ petitioner has preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:-

2.1 Under Section 40 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as the Act, 1972), every person having at the commencement of this Act the control, custody or possession of any captive animal specified in Schedule I or Part II of Schedule II or animal article…... or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this Act, declare to the Chief Wild Life Warden or the authorised officer the number and description of the animal, or article of the foregoing description under his control, custody or possession and the place where such animal or article is kept. As per sub-section (2) of Section 40, no person shall, after the commencement of this Act, 1972, acquire, receive, keep in his control, custody or possession, the animal specified in Schedule I or Part II of Schedule II or any animal article including the deer horn, except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer. However, Section 40A of the Act, 1972, is an exception and gives immunity in certain cases. As per Section 40A, notwithstanding anything contained in sub-sections (2) and (4) of Section 40 of this Act, the Central Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer, any captive animal, animal article….. in his control, custody or possession, in respect of which no declaration had been made under sub-section (1) or sub-section (4) of Section 40, in such form, in such manner and within such time as may be prescribed. Sub-section (2) of Section 40, provides that any action taken or purported to be taken for violation of Section 40 of the Act, 1972 at any time before the commencement of the Wild Life (Protection) Amendment Act, 2002 shall not be proceeded with and all pending proceedings shall stand abated.

2.2 In exercise of the powers conferred under Section 40A read with Section 63 of the Act, 1972, the Central Government had made “the Declaration of Wild Life Stock Rules, 2003.” Rule 3 to 14 read as under:-

“3. Publicity of intent of notification and Assistance in making application.—(1) The Chief Wild Life Warden or the officer authorised by the State Government in this regard shall cause to give wide publicity to the intent of this notification in the regional language through electronic or print media or such other means.

(2) The Chief Wild Life Warden or the officer authorised by the State Government in this regard shall take necessary action to assist the local communities and individuals especially the poor and illiterate in the declaration of their possession, filling up the specified form and any other matter connected therewith and shall make every attempt to ensure that no individual or community associated with animals is deprived of this opportunity.

4. Procedure for filing applications.—(1) An application to the Chief Wild Life Warden or the officer authorised by the State Government in this re