VidhiSangh

Supreme Court of India · 17/03/2023

VISHALAKSHI AMMA versus STATE OF KERALA & ORS

[2023] 2 S.C.R. 1081 · 2023 INSC 255

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Summary

A woman who found a deer horn in the upper floor of her old house applied in 2011 for a certificate of ownership under the Declaration of Wild Life Stock Rules, 2003, framed under Section 40A of the Wild Life (Protection) Act, 1972, which required such declarations within 180 days of the Rules' publication on 18 April 2003. The Chief Wild Life Warden rejected the application as time-barred; a Single Judge of the Kerala High Court directed consideration of relaxation if time had been relaxed in other cases, but the Division Bench held the limit could not be extended. The Supreme Court dismissed her appeal, holding that given the object of Sections 40 and 40A and the wide publicity and assistance mandated by Rule 3, the 180-day period in Rule 4(2) is mandatory, and on default the bar of Section 40 applies and the article vests in the Government.

Issues

  1. Whether the period of 180 days prescribed by Rule 4(2) of the Declaration of Wild Life Stock Rules, 2003 for declaring possession of wildlife articles and seeking a certificate of ownership is mandatory or capable of relaxation.

Provisions considered

Held

Result

Appeal dismissed; Kerala High Court Division Bench judgment dated 29.05.2020 holding the time limit under Rule 4(2) of the Declaration of Wild Life Stock Rules, 2003 incapable of relaxation affirmed.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 1081.