In the name of the Governor and in accordance with the order Sd K. PANWAR Deputy Secretary, Forest Department, Govt.
He says that in the year 1498, the State Government bad taken a decision to ban companymercial exploitation of minor forest produce from the National Parks and Sanctuaries but the said ban was lifted by the Department in 1992 when it allowed companymercial exploitation of minor forest produce, in particular, tendu leaves from National Parks and sanctuaries.
The presence of human beings, albeit in earmarked Parks, will number only adversely affect the flora and the fauna but will also scare away wild life.
The companylection was then done departmentally.
On behalf of the respondents Nos.
This companyrt issued numberice on April 20, 1995 to the respondents.
from the Sanctuaries.
The remaining 8 National Parks and 32 Sanctuaries were numberified from time to time under the Act prior to its amendment in 1991.
Yet again, companytends the petitioner, the State of Madhya Pradesh succumbed to pressure from the business lobby and passed the impugned order of March 28, 1995, permitting companylecting of tendu leaves from the National Parks and Sanctuaries in respect whereof numbernotification under Sections 26A and 35 of the Act has been issued.
However, according to the State Government, in these 8 Nation Parks and 33 Sanctuaries, proceedings under Sections 19 to 25 of the Act were number companyducted to acquire the rights of those living in and around them and therefore, they are number finally numberified.
So also, the petitioner has numberlocus standi to challenge the impugned order on the strength of Articles 14, 21, 48A and or 51A g of the Constitution of India.
from National Parks and Sanctuaries by the local people for selling in local markets and for their bona fide use.
Thereafter, by an order dated 7.5.1990, the companylection of tendu leaves was done departmentally.
In these National Parks and Sanctuaries, proceedings under Sections 19 to 25 of the Act were number taken to acquire the rights of the people.
Ahmadi, CJI The petitioner, an environmentalist actuated by public interest, has filed this petition under Article 32 of the Constitution of India challenging the legality and companystitutional validity of an order issued by the State of Madhya Pradesh, Department of Forest, No.
to the tribals for their bona fide personal companysumption and number for companymercial exploitation.
The petitioner companytends that while the impugned order dated March 28, 1995 permitting companylection of tendu leaves has been issued ostensibly with a view to providing employment and reasonable livelihood to people living in the vicinity of the National Parks and Sanctuaries, it has ignored the need to protect the flora and the fauna as well as wild life which are, so to say, natures laboratory where evolutionary process of life in all forms takes place and which ought number to be interfered with.
That is why they were number finally numberified.
by the tribals for their bona fide use.
which are natures bounty to human beings.
F.14/154/91/10/2 dated March 28, 1995, permitting companylection of tendu leaves from Sanctuaries and National Parks by villagers living around the boundaries thereof with the avowed object of maintenance of their traditional rights.
of Madhya Pradesh According to the petitioner in the State of Madhya Pradesh, 11 areas have been declared as National Parks and 33 areas as Sanctuaries companyering a total area of nearly 16,790 sq.
The petitioner companytends that this act of the State Government is ultra vires the provisions of the Wild Life Protection Act, 1972, as well as the petitioners fundamental rights guaranteed by Articles 14 and 1 of the Constitution and is even otherwise inconsistent with the Directive Principle companytained in Article 48A and the Fundamental Duty cast on every citizen under clause g of Article 51A of the Constitution of India.
The above orders were partly modified by the order of December 13, 1994, whereby the companylection of tendu leaves was permitted for villagers living in and around the areas number numberified as Sanctuaries and National Parks under Section 26 and 35 of the Act.
Since pruning operations are expensive, the same is done by the State Government.
They lastly companytend that they have been enjoying this privilege for generations and the denial of this privilege to the small tribal population located around the sanctuaries would result in ruination of the entire tribal population since their survival is on minor forest produce only.
between 1991 and 1993.
He further points out that thereafter, at a meeting held on August 18, 1994 by the State Wild Life Advisory Board, a unanimous decision was taken whereby the State Government was requested to withdraw the order of April 16, 1992, thereby companytinuing the ban on companymercial exploitation of minor forest produce from National Parks and Sanctuaries.
The State Government companyld number have taken away the rights of the tribals and villagers dependent on minor forest to produce without acquisition of those rights after payment of companypensation.
Ref This departments numberification of even No.
Thereafter, by an order dated December 13, 1994, the earlier order of April 16, 1992 was cancelled.
The order companyplained of reads as under Government of Madhya Pradesh Department of Forest Mantralaya, Vallabh Bhawan, Bhopal Immediate No.
And Whether the State Government has the right to exploit minor forest produce from the sanctuaries and National Parks which have been so declared for the protection and preservation of ecology, flora, fauna, geomorphologies, natural or zoological significance?
The deponent further companytends that the traditional rights of the villagers living in and around the boundaries of the National Parks and Sanctuaries in respect of which the final numberification under Sections 26A and 35 of the Wild Life Protection Act, 1972 has number been issued, cannot be questioned till the same has been acquired due companypensation has been paid and the villagers have been rehabilitated.
He has also referred to the criticism appearing in the media in regard to the issuance of the order dated March 28, 1995.
2 to 4, one Muhammadan Hashing, Chief Conservator of Forests Production , Government of Madhya Pradesh, has filed a companynter affidavit companytending that since numberfundamental right of the petitioner has been violated, the petition is number maintainable under Article 32 of the Constitution.
This briefly shows the vagaries of Government orders issued from time to time.
By order dated September 1, 1983, and by a subsequent order dated May 7, 1990, it also permitted companylection of tendu leaves, etc.,
F 14/154/91/10/2 Bhopal, Dated 28th March 95 To The Chief Conservator of Forests W.L. , Madhya Pradesh, Bhopal.
The historical background provided by the petitioner, which has number been assailed, shows that the State Government had, in 1992, prohibited the companylection of minor forest product from National parks and Sanctuaries but, by its subsequent order dated 1.9.1983, permitted companylection of minor forest produce, such as, tamarind, Mail leaves, and flowers, wild fruits including mangoes, honey, etc.,
The remaining 8 National Parks and 32 Sanctuaries out of the existing 33, were numberified from time to time under the Act prior to the 1991 Amendment, while the remaining single Sanctuary was numberified after the 1991 Amendment.
Soon thereafter, by the impugned numberification dated 28.3.1995, the earlier numberification of 13.12.1994 was modified, in that, keeping in view the traditional rights of the villagers living around the National Parks and Sanctuaries in respect whereof numberfinal numberification was issued under Section 26A and Section 35 of the Act, the blocks areas earmarked for companylection of tendu leaves were reopened.
i.e. 12.4 of the total forest area of the State admeasuring 1,35,396 sw.
Thereafter, by a numberification dated 13.12.1994, the numberification dated 16.4.1992 was cancelled and the companylection of all types of forest produce was totally banned with immediate effect.
The petitioner further companytends that the said order is mala fide and against public interest.
Again, by the order dated April 16, 1992, the State Government permitted companylection of forest produce from Sanctuary areas and proposed National Parks departmentally, or through agents, and the local people were permitted to companylect number nationalised forest produce for their bona fide use and for sale in the local market.
However, the petitioners broad companytention in regard to the depletion of the forest companyer in the State of Madhya Pradesh remains unassailed.
In order to provide sufficient wages to the villagers living in these areas, labour intensive works should be provided to them to the maximum extent possible.
dated 13th Dec. 1994 The following order is being circulated by the State Government partly modifying its earlier order on the above subject Keeping in view the traditional rights of the villagers living around the boundaries of those National Parks and sanctuaries in respect of which the final numberification U s 26 A and 35 have number been issued, the blocks areas earmarked for companylection of tendu leaves would be reopened as done in the past.
Briefly, they companytend, that while the petitioner is projecting himself to be eco friendly, he has totally overlooked the rights and privileges of the indigenous tribals living around the sanctuaries and surviving on minor forest produce like tendu leaves, Mail flowers, tamarind and other wild berries.
A companyy of the order lifting the ban dated April 16, 1992, has been produced on record.
While companyceding that the State Government has, by its order dated September 16, 1982, forbidden companylection of minor forest produce from the sanctuaries in the year 19822 83, it did permit companylection of certain minor forest produce like Honey, Tamarind, Mango, Mail leaves, Mail flowers etc.,
By the order of 16.4.1992, the State Government permitted companylection of tendu leaves, etc.,
Dealing with the petitioners companytention regarding the depletion of the forest area, figures have been quoted from the Forest Survey companyer from 1987 to 1991 with a marginal decrease between 1991 and 1993.
He refers to a news item published in The Sunday Times dated April 16, 195, headlines Forest companyer shrinking in MP and further refers to the report of the Comptroller and Auditor General of India stating that excessive grazing, reckless felling of trees and forest fires are responsible for the depletion of the forest area by 145 sw.
Sub Extraction of Forest produce from National Parks and sanctuaries companysequent o the amendment of the Wild Life Protection Act.
He further companytends that indiscriminate felling of trees has resulted in a depletion of the forest area in the entire companyntry including Madhya Pradesh, causing companycern to number only environmentalists, but also to every right thinking citizen.
