B.P. Dharmadhikari, J.

1. By this writ petition, filed under Article 226 of the Constitution of India, the petitioners seek a declaration that Rule 17 of the Biological Diversity Rules, 2004 does not apply to the Indian entities or body corporates. In the alternate, it is prayed that to the extent the said Rule envisages equitable sharing of benefits by the Indian entities, it should be declared ultra vires to the provisions of the Biological Diversity Act, 2002 and, therefore, unconstitutional.

Further declaration sought is, that the Guidelines on Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations, 2014 (hereinafter referred to as “the Regulations” for short) apply only to transactions involving non-Indian entities and the same do not apply to the Indian entities not treading any biological resources with non-Indian entities.

By amendment, a prayer to declare said regulations ultra vires to Sections 23 and 24 of the Biological Diversity Act, 2002 (hereinafter referred to as “the B.D. Act” for short) is also sought. The other prayers challenge orders and notices served upon the petitioners in the light of this provision.

2. This Court has