SANJAY VITHAL DAS SAMPAT Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Instant writ appeal is filed against order dated 14.01.2020 passed in W.P.(C) No.36021 of 2019, by which the writ court declined to grant the interim relief sought for in the writ petition.

(2.) Short facts leading to the appeal are that, petitioner/appellant is the Managing Partner of M/s. Vibhu Essential Oils LLP, which is one of the largest dealers and suppliers of sandalwood and its related products in the country. They had substantial foreign trade in sandalwood also. They used to supply products to different perfumery and cosmetic industries throughout India and operates in Ghaziabad at Uttar Pradesh. However, the sale, possession and transportation of sandalwood and its products are prohibited in Kerala by virtue of Section 47C of the Forests Amendment Act, 2010 and the Kerala Forest (Restriction on Cutting and Selling of Sandal Trees and Grant of Licence for Possession and Transport of Sandalwood and Sandalwood Oil) Rules, 2012.

(3.) Appellant has challenged the validity of Section 47C of the Kerala Forest (Amendment) Act, 2010, and the Rules mentioned above before the writ court in W.P.(C) No.21156 of 2018. According to the petitioner, the firm imports sandalwood oil and other products with all the statutory permits/licenses. As per the rules, maximum quantity of sandalwood that can be possessed by an individual/firm is 1 kg, whereas the maximum quantity of sandalwood oil is 100 ml. While so, Range Forest Officer, Forest Range Office, Marayoor Range, Idukki, respondent No.6, issued an auction notification on 16.12.2019 (Exhibit-P7) for sale of 71.953 tones of sandalwood. Challenging the proposal to conduct auction of 71.953 tones of sandalwood, instant writ petition has been filed on the following reliefs: