Case Note & Summary
The writ petition was filed by a Gram Sabha through its authorized person seeking directions against forest authorities. The dispute concerned tendu leaves, which are Minor Forest Produce, and the regulation of their transport permits. The petitioner initially sought return of seized tendu leaves and restraint on future seizure of Minor Forest Produce, asserting exclusive rights over such produce in Scheduled Areas under the Constitution of India. By amendment, the petitioner also challenged Government Resolution dated 08/04/2015 as contrary to law and prayed for its quashing. During proceedings, it was submitted that the vehicle had been released and prayer clause (i) regarding return of tendu leaves stood satisfied. The court examined the Government Resolution at Annexure R-I and heard both parties at length. The court held that the Government Resolution was regulatory in nature and not violative of any right of the Gram Sabha. The Resolution itself made clear that issuance of Transport Permit was within the authority of Panchayat and Gram Sabha, but to prevent misuse of bogus transit permits and to protect the income of the Gram Sabha, certain regulatory directions were issued, including requirements for a TP book of 50 pages with light pista green colour, water marking, printing in the Government Printing Press, four-part counterfoils stamped by Forest Officials across the fold. The court found no substance in the apprehension that Forest Officials might not supply the TP book when requested. To avoid further complications, the court observed that the Gram Sabha shall intimate or request the concerned Forest Officials in writing for issuance of a TP book, and it was expected that officials, if there was no other difficulty, would immediately supply the same within two weeks. The petition was disposed of with these observations, and pending applications were also disposed of.
Headnote
A) Constitutional Law - Scheduled Areas and Gram Sabha Rights - Minor Forest Produce - Constitution of India - Government Resolution dated 08/04/2015 regulating issuance of Transport Permits for Minor Forest Produce was challenged as violative of Gram Sabha rights - Held that the Government Resolution is regulatory in nature and does not violate any right of the Gram Sabha; issuance of Transport Permit remains within the authority of Panchayat and Gram Sabha, but regulatory directions prevent bogus transit permits and protect Gram Sabha income (Paras 1-2). B) Forest Law - Minor Forest Produce Transport Permit - Supply of TP Books - Government Resolution dated 08/04/2015 - Apprehension that Forest Officials may not supply Transport Permit books was found without substance - Court directed that Gram Sabha shall intimate Forest Officials in writing for issuance of TP books, and officials are expected to supply the same within two weeks if there is no other difficulty (Paras 3-4).
Issue of Consideration
Whether Government Resolution dated 08/04/2015 is contrary to law and violative of rights of Gram Sabha over Minor Forest Produce in Scheduled Areas; whether respondents should be restrained from seizing Minor Forest Produce in future; whether direction should be issued for return of tendu leaves and supply of Transport Permit books
Final Decision
Petition disposed of with observations. Government Resolution dated 08/04/2015 held regulatory in nature and not violative of rights of Gram Sabha. Apprehension about non-supply of Transport Permit books found without substance. Gram Sabha directed to intimate Forest Officials in writing for issuance of TP book, and officials expected to supply within two weeks if no other difficulty. Pending applications disposed of.
Law Points
- Government Resolution dated 08/04/2015 is regulatory in nature
- not violative of rights of Gram Sabha
- issuance of Transport Permit is within the authority of Panchayat and Gram Sabha
- regulatory directions prevent misuse of bogus transit permits and protect income of Gram Sabha
- Gram Sabha to intimate Forest Officials in writing for Transport Permit books
- Forest Officials to supply Transport Permit books within two weeks if no difficulty
