VIVEK KUMAR SHARMA Vs. STATE OF M.P.

JUDGEMENT

(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 dtd. 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 vs State of M.P. and Ors.' (W.P. No. 26802/ 2018), laying challenge to the impugned notification dtd. 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 notification dtd. 24/9/2015. Subsequently, however on application for modification instituted at the instance of certain parties (private paper mills), the aforesaid stay order was modified subsequently vide dtd. 14/8/2019, permitting the applicant paper mill company to transit the forest-produce required for production of the finished materials (paper and paper products) in the same fashion as it was being done earlier prior to the issuance of the impugned notification.

(3.) Subsequently in a separate writ petition instituted before the Principal seat of this Court (Vivek Kumar Sharma v. The State of Madhya Pradesh & Ors., WP No. 13864 of 2019), vide its order dtd. 12/4/2022, a similar challenge was laid to the impugned exemption notification. In view thereof vide its order dtd. 12/4/2022, writ petition pending before the Indore Bench was transferred to this Court, with the direction for analogous hearing of all the writ petitions. Resultantly before us are the following writ petitions for consideration, all of which revolve around the validity or interpretation of impugned notification dtd. 24/9/2015 : W.P. No. 26802/ 2018 (Anand v. State of M.P. and Ors.), W.P. No. 13864 of 2019 (Vivek Kumar Sharma v. The State of Madhya Pradesh & Ors.).