JUDGMENT :

Sanjeev Kumar, J.

These two writ petitions (OWP No.754/2012 & OWP No. 453/2006) are essentially by the Fur Traders; one filed by 19 Fur Traders together and, second by the Association known by the name of All Kashmir Fur Traders and Manufacturers Association, Residency Road, Srinagar. The petitioners seek their rehabilitation in the wake of complete ban imposed on Fur trade in the erstwhile State of Jammu and Kashmir due to enactment of J&K Wild Life Protection Act, 1978 [‘Act of 1978’]. The claim of the petitioners for rehabilitation is, inter alia, based on the recommendations of the Committee dated 21.04.1998 constituted by the respondents vide Government Order No.407-FST of 1997 dated 09.09.1997.

2. For better appreciation of the claim of the petitioners and to arrive at a just decision of the controversy raised in these petitions, it is necessary to take note of the factual antecedents, leading to filing of these petitions:

The trade in wild life and its derivatives has been a big business worldwide and India has been traditionally an important source of wild life species relevant to the trade. The illegal trade has consumed a number of rare and endangered species threatening the country’s rich heritage of biodiversity. In spite of stringent Regulations, illegal wild life trade has continued to flourish and has, thus, put various wild life species under serious threat of extinction. With the trade in wild life and its derivatives going on unabated worldwide, there has been considerable decline in the wild flora and fauna in every country. This manifestation has forced the world community to come together and chalk out strategies to protect this national heritage of wild flora and fauna in their respective countries. There have been several International Treaties and Conventions declaring ban on hunting of wild animals and trade in the wild animal derivatives. The Government of Indian conforming to the International Treaties and Conventions, also laid foundation for banning hunting of wild animals and trade in wild life derivatives by amending the Wild Life Protection Act, 1972 [‘Act of 1972’]. Although the Act of 1978 was passed by the State Legislature, by and large, on the modules and patterns similar to the Act of 1972, containing a provision for banning hunting of wild animals and birds and trade in fur items at the discretion of Chief Wild Life Warden of the State. Since the Act of 1978 could not be amended in tune with the Central Act for various reasons, the State remained a major center of demand for wild furs and in this way, many persons pursued the trade. This is how the Fur Industry in the Valley continued to flourish, though there was ban elsewhere in the Country.

In the year 1997 after the popular Government took over, the Chief Minister realizing the gravity of the issue ordered to get the inventory of fur stocks held by the furriers in the valley prepared and destroyed the same in the open to close the doors of the alleged clandestine business for ever and to upgrade the Act of 1978. It is in this background, the Government of J&K vide Government Order No. FST-407 of 1997 dated 09.09.1997 accorded sanction for constitution of a Committee. The said Committee, after threadbare discussion and having gone through the relevant data, vide its report dated 21.04.1998 made the following recommendations:

(i) The Government is required to take immediate steps for acquiring and destroying the fur stocks held by the furriers in the valley as inventoried by the Committee and provide suitable alternative means of livelihood to furriers;

(ii) The Government is required to take immediate steps to upgrade the existing Jammu and Kashmir Wildlife Protection Act enabling the Department Wildlife Protection J&K State to function in conformity with the National and International Wildlife Conservation scenario; and,

(ii) The Government is required to strengthen the infrastructure of the Department of Wild Life Protection