SUKHDEV SINGH ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition calls in question some provisions of the Wildlife (Protection) Act, 1972 as amended by Act 44 of 1991. The petitioner claims to be an agriculturist owning land in village Qutabpur, Tehsil Garhmukteshwar, District Ghaziabad, U.P. and submits that the Parliament in passing the amendment Act has encroached upon the legislative field reserved for the States. Mr.Narender Singh, learned counsel for the petitioner points out that under Section 62 of the unamended Act the States had been given power to declare any wild animal other than those specified in Schedule. I and Part II of Schedule II to be vermirn for any area for such period as may be specified therein, but under the amending Act this power has been taken over by the Centre. He has invited our attention to Section 62 of the amended Act, by virtue of which the Central Government has been given power to declare by means of a notification any wild animal other than those specified in Schedule I and Part II of Schedule II to be vermin for any area. The learned counsel also invited our attention to Schedule V of the Act, in which following animals have been shown as vermin:

(2.) Mr. Singh contended that the the wild animals like wild boars and blue bulls destroy the crops and the same are found in great numbers in the area in which the land of the petitioner is located. He submits that the Central Government has not issued any notification under section 62 of the Amending Act declaring the said animals to be verm in for the area in question. He has drawn our attention to an earlier notification dated 26th November, 1990 issued by the State of Uttar Pradesh under the unamended Act whereby wild boar was declared as vermin. It is the contention of the learned counsel that the Parliament by taking away the power of the State Government to declare the said animals, which are destructive of the crops, as vermins and conferring the same on the Central Government has acted beyond its legislative competence as these matters pertain to agriculture falling in Entry 14 of in List II of the 7th Schedule of the Constitution.

(3.) We have given our earnest consideration to the submissions of the learned counsel but regret our inability to accept the same. Entry 17B of List III of 7th Schedule reads as under: