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SURESH KUMAR KAIT, S. A. DHARMADHIKARI, VIVEK JAIN
Vivek Kumar Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Dharmadhikari, J -- 1.
A. BACKGROUND FACTS LEADING TO PRESENT REFERENCE TO FULL BENCH
1. The State of Madhya Pradesh, in exercise of powers available under Sec.41(3) issued the impugned Gazette notification on 24.9.2015, through which around initially 53 species of forest produce (used interchangeably for trees & plants) were exempted from the operation of the rigours of regulatory provisions under the Transit Rules. This notification initially comprised 53 species of forest produce, which included a large number of those species, which are stated to be present in abundance in the dense forests of Madhya Pradesh in various districts. Subsequently through another notification dated 11.4.2017, the aforesaid notification was amended to exclude another 9-10 species of forest produce from the rigours of Transit Rules.
2. A writ petition came to be instituted before the Indore Bench of this Court titled as ‘Anand v. State of M.P. and Ors.’ (W.P. No. 26802/ 2018), laying challenge to the impugned notification dated 24.9.2015 exempting 53 species. In the said writ petition, when the State failed to file a reply timely, this Court stayed the operation and effect of impugned notificati
Transit of forest-produce beyond pass validity constitutes forest-offence mandating confiscation of produce/vehicle; strict compliance essential as deterrent to deforestation, liberally construed for....
Land classified as 'Jungle' is deemed forest land under the Forest Conservation Act, requiring Central Government approval for timber felling, which the Transit Rules cannot override.
Lands cannot be classified as forest unless legally notified and proper procedures followed, invalidating requirements for governmental approval for non-forest activities.
Permission is required for cutting any tree in designated areas; definitions of 'tree' are context-dependent within relevant preservation laws.
Section 49 of Assam Forest Regulation, 1891 reads as Seizure of property liable to confiscation.
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