INDRANIL BHATTACHARYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is engaged in breeding in captivity exotic species of birds. The petitioner applied under Sec. 49N of the Wildlife (Protection) Amendment Act, 2022 (hereinafter referred to as, "the 2022 Act") for registration on July 18, 2023. By a Notice dated August 9, 2023, 15 days' time was granted to the petitioner to rectify the application. Upon such rectification, the petitioner re-filed the same on August 25, 2023. The respondents insisted that the petitioner files the application under Form-II; however, since the petitioner was already engaged in breeding such species, Form-I was the appropriate provision as per Rule 3(1), for which the petitioner did not so file. The application was rejected on the ground of delay. According to the respondent-Authorities, the same was filed beyond the statutory outer limit of 90 days from the commencement of the 2022 Act.

(2.) Learned counsel for the petitioner submits that Sec. 49(1) stipulates 90 days' limitation period for filing of an application to the Chief Wildlife Warden (CWW). Sub-sec. (2) provides that the form and manner of the application, the fee payable, the form of licence, the procedure to be followed in granting or cancelling the licence shall be such as may be prescribed by the Central Government.

(3.) The Central Government, however, published the Breeders of Species License Rules, 2023 (for short, "the 2023 Rules") on April 24, 2023 and the same was notified in the Official Gazette on April 28, 2023. It is argued that as Sec. 49N(2) of the 2022 Act provides that the form and manner of the application and the fee payable shall be such as prescribed by the Central Government, in the absence of any such Rules being promulgated before April 24, 2023, there was no scope for the petitioner to file such application. In fact, it is contended that the period of 90 days should be calculated from April 28, 2023, when the Rules came into force and not from April 1, 2023 when the 2022 Act came into force, on a proper reading of the provisions of the Act and the Rules. From such perspective, the application was filed on July 18, 2023, that is, well within 90 days from the promulgation of the Rules.