World Wide Fund For Nature India vs Union Of India (Uoi)
2005 Latest Caselaw 1030 Del

JUDGMENT

B.C. Patel, C.J.

1. This petition is preferred by the petitioner inter alia praying that the respondent be directed to issue a notification as contemplated in Section 17A of the Wild Life (Protection) Act, 1972 ( hereinafter referred to as, "the Act" ). Affidavit is filed on behalf of the respondent. We have perused the same. The contention raised by the petitioner is that in view of Section 17A of the Act, the 'forest land' means a 'forest land', which is specified, by a notification, by the Central Government. The same Section reads as under:-

"Section 17A. Save as otherwise provided in this Chapter, no person shall-

(a) willfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest land and any area specified, by notification, by the Central Government;

(b) posses, sell, offer for sale, or transfer by way of gift or otherwise, or transport any specified plant, whether alive or dead, or part or derivative thereof."

2. It is required to be noticed at this juncture that Section 17B is relevant for this purpose. It reads as under:-

"17B. Grants of permit for special purposes G" The Chief Wild Life Warden may, with the previous permission of the State Government grant to any person a permit to pick, uproot, acquire or collect from a forest land or the area specified under Section 17A or transport, subject to such conditions as may be specified therein, any specified plant for the purpose of-

(a) education.

(b) scientific research;

(c) collection, preservation and display in a herbarium of any scientific institution; or

(d) propagation by a person or an institution approved by the Central Government."

3. It would be worthwhile, at this juncture, to reproduce paras 10, 11 and 14 of the affidavit of the respondent.

"10.It is further submitted that on a reading of Section 17B it is clear that the section postulates that a Chief Wild Life Warden can for the purposes mentioned in the section allow any person to pick, uproot, acquire or collect specified plants from a forest land or the area specified under Section 17A. It is important to note that under Section 17B the condition of notification as provided under section 17A(a) has been made applicable only to the `area specified' and not to `forest land' as the words used therein are `a forest land or the area specified under Section 17A. Thus it would mean whether or not any forest land is specified by notification, prohibiting activity/actions as provided under section 17A(a), no person can carry on an activity relating to `specified plant' without the permit of Chief Wi8ld Life Warden and such permit would be restricted only for the purposes as specified under Section 17B. In such an event section 17A(a) to the extent that forest land needs to be specified by notification for protection of specified plants growing on such `forest land' would be but a dead letter and meaningless because whether or not a forest land is specified by notification no person can pick, uproot, acquire or collect a specified plant from a forest land without a permit from the Chief Wildlife Warden and thus in effect section 17B prohibits any activity relating to 'specified plant' in a 'forest land'.

11. It is respectfully submitted that the Supreme Court in a catena of judgments has read the word "and" as "or" on the reasoning that though the word "and" is normally conjunctive but at times it can be read as "or" to give effect to the manifest intention of the legislature as disclosed from the context. It is most humbly submitted that though under Section 17A the words used are "any forest land and any area specified, by notification", however under Section 17B it reads "forest land or the area specified under Section 17A" and therefore, "forest land" has been used disjunctively from "area as specified under Section 17A " and the condition of notification by the Central Government is not applicable to `a forest land' for specified plants to be protected therein."

...

14. It is respectfully submitted that statutes which are pari materia or related should also be read to interpret a provision. It is most humbly submitted that the Hon'ble Supreme Court of India in order dated 12.12.1996 in CWP No.202/1995 titled TN Goda varman Thirumulkpad v. Union of India and Ors. has defined the term "forest land" as under:

"...The term "forest land" occurring in section 2 will not only include "forest" as understood in the dictionary sense, but also any area recorded as forest in the Govt. record irrespective of its ownership. This is how it has been understood for the purpose of Sec. 2 of the Act. The provisions enacted in the Forest Conservation Act, 1980 for the conservation of forests, and the matters connected therein must apply clearly to all forests so understood irrespective of the ownership or classification thereof...."

4. According to learned counsel for the respondent, it is not necessary that it should be a forest land which is an area specified by a notification by the Central Government. In view of Section 17B, it is very clear that it may be a forest land or the area specified under Section 17A. In view of this, it was submitted that the word 'and' used in sub-clause (a) of Section 17A is required to be read as 'or'. On behalf of the respondent, it was submitted that reading from both the provisions if 'and' is not read as 'or', it will create ambiguity and purpose would not be served. From this intention of the legislature, it is clear that the word 'and' is read as 'or' in Section 17A of the Act in view of subsequent provisions.

5. In view of what is stated above, it is very clear that Section 17A wherein 'and' is used is required to be read as 'or'. So far as the forest land is concerned the same is required to be read as indicated by the Apex Court in the case which is referred herein-above. In this view of the matter, petition stands disposed of with the direction to circulate the judgment to all the Forest Officers by the Director, Ministry of Environment and Forests, Department of Wildlife Preservation under the Wild Life (Protection) Act, 1972.