The Andhra Pradesh Forest Act, 1967, and the Andhra Pradesh Forest Produce Transit Rules, 1970, are valid and constitutional. The restrictions imposed on the felling and transportation of tamarind and durisanam trees are necessary to protect the forest wealth of the State and to prevent the indiscriminate felling of trees.

Headnote:
ANDHRA PRADESH FOREST ACT, 1967 - ANDHRA PRADESH FOREST PRODUCE TRANSIT RULES, 1970 - CONSTITUTIONALITY - APPLICABILITY TO PRIVATE LANDS - CONTROL OF TIMBER AND OTHER FOREST PRODUCE IN TRANSIT OR POSSESSION - EXEMPTION OF CERTAIN SPECIES OF TREES - VALIDITY - RESTRICTIONS ON FELLING AND TRANSPORT OF TAMARIND AND DURISANAM TREES - WRIT PETITION CHALLENGING THE CONSTITUTIONALITY OF THE ACT AND RULES - DISMISSED.
Fact of the Case:

Petitioners, owners of patta lands in Manchala and Batasingaram villages, challenged the Andhra Pradesh Forest Act, 1967, and the Andhra Pradesh Forest Produce Transit Rules, 1970, arguing that the restrictions imposed on the felling and transportation of tamarind and durisanam trees on their lands were unconstitutional and violated their fundamental rights.
Finding of the Court:

The Court held that the Andhra Pradesh Forest Act, 1967, applies to the entire State of Andhra Pradesh and is not limited to reserved forests, protected forests, and private forests. The Court also held that the Andhra Pradesh Forest Produce Transit Rules, 1970, were validly made under the Act and that the Government had the authority to regulate the transit and possession of timber and other forest produce, including those found on private lands.
Issues: 1. Whether the Andhra Pradesh Forest Act, 1967, applies to private lands? 2. Whether the Andhra Pradesh Forest Produce Transit Rules, 1970, are valid? 3. Whether the restrictions imposed on the felling and transportation of tamarind and durisanam trees are unconstitutional?
Ratio Decidendi: 1. The Andhra Pradesh Forest Act, 1967, applies to the entire State of Andhra Pradesh and is not limited to reserved forests, protected forests, and private forests. The Act was enacted to protect and preserve the forests in the State, and its provisions are applicable to all forest produce, including that found on private lands. 2. The Andhra Pradesh Forest Produce Transit Rules, 1970, were validly made under the Andhra Pradesh Forest Act, 1967. The rules regulate the transit and possession of timber and other forest produce, including those found on private lands. The rules are necessary to prevent the smuggling and pilferage of forest produce and to protect the forest wealth of the State. 3. The restrictions imposed on the felling and transportation of tamarind and durisanam trees are not unconstitutional. The restrictions are necessary to protect the forest wealth of the State and to prevent the indiscriminate felling of trees. The restrictions do not violate the petitioners' fundamental rights under Articles 19(1)(f) and 19(1)(g) of the Constitution of India.
Final Decision: The writ petition challenging the constitutionality of the Andhra Pradesh Forest Act, 1967, and the Andhra Pradesh Forest Produce Transit Rules, 1970, was dismissed.

( 1 ) THE petitioner own patta lands in Manchala n Batasingaram villages, previously in Hyderabad district, now in Rangareddy district. There are neem, babul, mango, durisanam and tamarind trees in those lands. They have to obtain the permission of the Forest authorities to fell the tamarind and durisanam trees or sell or transport the wood or other products of those trees under the Andhra Pradesh Forest Act, 1967, and Andhra Pradesh Forest Produce Transit Rules, 1970. They complain that the restrictions imposed by the rules have become very irksome and they are not able to dispose of the timber or the produce of those trees standing in their lands. Therefore, they have filed this writ petition to quash G. O. Ms. No. 697 Forest and Rural Development dated 3 1/03/1976 and G. O. Ms. No. 165 Forest and Rural Development dated 2 3/02/1979. 0

( 2 ) FIRSTLY, it is submitted by the learned counsel for the petitioners that the Andhra Pradesh Forest Act, 1967 is not applicable to private lands of the petitioners, for they are not forests. Secondly. Sections 28-A and 28-B are unconstitutional, for they confer unbridled power upon the Government and impose illegal and unwarranted restrictions upon the rights of the petitioners guaranteed to them under Article 19 (1) (g) and Article 31 (1) of the Constitution of India. Thirdly, in the Andhra Pradesh Forest Produce Transit Rules, 1970, made in G. O. Ms. Number 356 dated 4/03/1970, certain items of trees including the mango, neem, tamarind and babul were exempted in Hyderabad district under R. 16; again in G. O. Ms. No. 697 dated 31/03/1976 by an amendment, those trees were deleted. It is submitted that the said deletion by virtue of the amendment to the Rules made in G. O. Ms. No. 426 dated 17/06/1978, these species of trees were again substituted and thereafter in G. O. Ms. No. 165 dated 23/02/1979 by which date Rangareddy revenue district was formed, these species were included in that district and it is arbitrary and not valid.

( 3 ) THOUGH it was urged in the writ petition that the amended rules were not placed before both the Houses of the State Legislature as contemplated by Section 68 (3) of the Act, it was subsequently given up, in view of the statement in the counter-affidavit filed of the Forest Department that the amended rules were placed on the able of each House of the State Legislature.

( 4 ) IT was submitted by the learned Government pleader that the Andhra Pradesh Forest Act also covers private lands and the Andhra Pradesh Forest produce Transit Rules are validly made. It was further submitted amended rules are also validly made and they are not open to attack on any of the grounds urged by the petitioners.

( 5 ) IN order to appreciate the questions raised in this writ petition it is necessary to refer to the relevant provisions of the Andhra Pradesh Forest Act. 1967 and the Andhra Pradesh Forest Produce Transit Rules, 1970 made thereunder.

( 6 ) THE Andhra Pradesh Forest Act, 1967 (hereinafter referred to as the Act) was passed to consolidate and amend the law relating to the protection and management of forests in the State of Andhra Pradesh. In came into force with effect from 15/04/1967. Forest produce is defined by Section 2 (g) as follows: "forest Produce" includes:- (1) the following whether found in, or brought from a forest or not. that is to say timber, bamboos , charcoal, rubber, cacutchour, catechu, wood-oil, resin, natural varnish, bar, lack, mahua seeds, myrobalans, tumki leaves, rouse grass, rauwolfia serphentina, adda leaves and gurn. (2) the following when found in or brought from a forest, that to say:- (i) trees, such leaves, flowers and fruits as my be prescribed and all other parts or produce not herein before mentioned of trees; (ii) plants not being trees (including grass, creepers, reeds and moss) and all parts or produce of such plants; (iii) wild animals, wild birds, skins, tusks, horns, bones, silk cocoons, honey, wax, and al other parts or produc

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1982 Supreme(AP) 153

Andhra Pradesh High CourtJudges : A.GANGADHARA RAOGulam Intiozuddin - AppellantVersusSecretary to Government Of A.P., (Forest and Rural Development), Hyderabad - RespondentDecided On : 06-08-82

Andhra Pradesh High Court
Judges : A.GANGADHARA RAO
Gulam Intiozuddin - Appellant
Versus
Secretary to Government Of A.P., (Forest and Rural Development), Hyderabad - Respondent
Decided On : 06-08-82