SANJAY VITHAL DAS SAMPAT Vs. GOVERMENT OF INDIA

JUDGEMENT

(1.) The petitioner is the Managing Partner of a Firm, which is dealer and supplier of sandalwood, sandalwood oil and related products. In W.P.(C) No. 21156/2018, the petitioner is challenging the constitutionality of Sec. 47(C) (i) and (ii) and Sec. 47-F of the Kerala Forest Act, 1961 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. While the said writ petition was pending, the Forest Range Officer, Marayur published e-auction Notification dtd. 16/12/2019 for sale of 71.953 tonnes of sandalwood. Thereupon, the petitioner filed W.P.(C) No. 36021/2019, challenging the Notification dtd. 16/12/2019.

(2.) The petitioner states that several religious and commercial institutions are purchasing sandalwood, sandalwood oil and other sandal products from the petitioner. However, the sale of sandalwood, sandalwood oil and other products are prohibited in the State of Kerala, in pursuance of the Kerala Forest 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.) The petitioner contends that Ss. 47-C and 47-F of the Kerala Forest Act prohibit any party, except the Government or Government-owned undertakings, to disintegrate or to attempt to disintegrate sandalwood in mills or manufacture, distil, or attempt to manufacture or distil oil from sandalwood or re-distil, refine or sell oil extracted from sandalwood. The present provisions of law prohibit any person to purchase, receive or acquire sandalwood or sandalwood oil except from the Government or the authorised officer or Public Sector Undertakings owned by the Government or any other Government authorised agency.