HANS RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioners are cultivating and growing herbs in district Mandi. The petitioners have taken about 700 bighas of land on short term lease from the farmers of patwar circle Shiligar and Janjehli in Tehsil Thunag and patwar circle Majhothi in Tehsil Chachyot, District Mandi, H.P. for cultivating medicinal herbs "Hypericum Perforatum". A notification has been issued by the Financial Commissioner-cum-Secretary (Forests) to the 1 Whether reporters of local papers may be allowed to see the judgment? Yes. Government of Himachal Pradesh under Sections 41 and 42 of the Indian Forest Act, 1927 and the Rules framed thereunder whereby the export permit fee of Rs.250/- has been levied for "Hypericum Patulum". The petitioner No.1 submitted an application to the Divisional Forest Officer, Nachan Forest Division, Gohar for the issuance of export permit for the estimated weight of 90-100 metric tons of "Hypericum Perforatum". The Range Forest Officer, Jajehli recommended to the Forest Department the case of the petitioners for issuance of export permit for "Hypericum Perforatum". The petitioners were informed that the plant "Hypericum Patulum" will also include the plant "Hypericum Perforatum" and shall attract the Export Permit Fee at the rate of Rs.250/- per quintal.

(2.) MR . Bhupinder Ahuja had strenuously argued that the medicinal plant "Hypericum Perforatum" cannot be treated at par with "Hypericum Patulum". He further contended that the State cannot impose any export permit fee on the species "Hypericum Perforatum" and his clients are entitled to get the export permit without paying any fee. The learned Advocate General had strenuously argued that the family and genus of both the plants, i.e. "Hypericum Perforatum" and "Hypericum Patulum" are the same and only the species is different and the same rate of export, i.e. Rs.250/- is to be levied for the issuance of export permit for "Hypericum Perforatum".

(3.) SUB -Section (4) of Section 2 defines the forest produce thus:- (4) "forest-produce" includes­ (a) the following whether found in, or brought from, a forest or not, that is to say ­ timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, [kuth] and myrabolams, and (b) the following when found in, or brought from a forest, that is to say­ (i) trees and leaves, flowers and fruits, and all other parts of produce not hereinbefore mentioned, of trees, (ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants, (iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and (iv) peat surface soil, rock and minerals (including lime-stone, laterite, mineral oils, and all products of mines or quarries); [(4A) "owners" includes a Court of Wards in respect of property under the superintendence or charge of such Court;] .