Gujarat High Court
Bhimji Jethabhai Vador & Ors vs State Of Gujarat & Anr on 17 January, 2014
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
C/WPPIL/326/2013 CAV JUDGEMNT
WPPIL3262013Cj3.doc
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 326 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE Sd/-
MR. BHASKAR BHATTACHARYA
HONOURABLE MR.JUSTICE Sd/-
J.B.PARDIWALA
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1 Whether Reporters of Local Papers may be allowed Yes
to see the judgment ?
2 To be referred to the Reporter or not ?` No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the constitution of
India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ? No
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BHIMJI JETHABHAI VADOR & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MEHULSHARAD SHAH, ADVOCATE for the Applicants.
MR PRAKASH JANI, GOVERNMENT PLEADER with MS VACHA DESAI,
ASST. GOVERMNET PLEADER for the Opponents.
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CORAM: HONOURABLE THE CHIEF
JUSTICE MR. BHASKAR BHATTACHARYA
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C/WPPIL/326/2013 CAV JUDGEMNT
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 17/01/2014
CAV JUDGEMNT
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA)
1. By filing this Public Interest Litigation, the writ-petitioners have prayed for a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to evolve a policy to issue transit pass in consonance with the Government Resolution dated 13th December 2004 and also in consonance with the Indian Forests Act, which would make it easier for the poor agriculturists in producing charcoal from Ganda Baval (prosopis) in Kutch District so as to provide employment to small agriculturists and thereby earn their livelihood, instead of the existing procedure prescribed by the Deputy Conservator of Forests, Kutch District by letter dated 21st October 2013. The writ-petitioners have also prayed for a writ of mandamus or any other appropriate writ, order or direction, restraining the respondents from prohibiting small agriculturists from producing/making charcoal from Ganda Baval (prosopis) grown in their own agricultural fields and from transporting the same in Kutch District or outside Kutch District.
2. The case made out by the petitioners may be summed up thus:-
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C/WPPIL/326/2013 CAV JUDGEMNT 2.1 Petitioner No.1 is, as such, a resident of village Bitta, but
at present staying at Ahmedabad. Petitioner Nos. 2 and 3 are the residents of village Kapurasi and are doing agricultural activities. Petitioner No.3 is an RTI activist and a vigilant citizen. 2.2 District Kutch is one of the large districts in India having an area of 45,000 sq.mts. of land. The issue raised/questioned in this petition relates to the procedure prescribed for getting transit permission/pass to transport charcoal made from Ganda Baval (prosopis) and other issues related thereof.
2.3 Ganda Baval (prosopis) grow up without water, but are harmful to agricultural fields and they spread quickly on large scale. They cause damage to the existing trees/crops and are also harmful to cattle and other animals. The trees of Ganda Baval are required to be cut at regular interval to save agricultural lands. The only use of Ganda Baval (prosopis) is to produce charcoal from it and by that method, it has been able to create employment for poor people in Kutch district, which is a famine/scarcity proven district. 2.4 Section 21 of the Minor Forest Produce Trade Nationalization Act, 1979 stipulates that nothing contained in the Indian Forest Act, 1947, shall apply to minor forest produce in respect of matters, for which, provisions are contained in the said Act as well as to the Page 3 of 21 C/WPPIL/326/2013 CAV JUDGEMNT Government Resolution dated 30.11.1998 issued by the Forest and Environment Department, wherein it has been stated that charcoal produced from Ganda Baval is a minor forest produce and the permission of the Forest Department is not required for cutting Ganda Baval if grown in the privately owned land.
2.5 Ganda Baval (prosopis) is not a 'tree' as defined under Section 2[c] of the Saurashtra Felling of Trees Act, 1951 and cutting of the same does not necessitate the official permission, if it is cut by the owner of the land on which it is grown.
2.6 The State of Gujarat, in its Forests and Environment Department received representation from the people at large for cutting and disposal of the Ganda Baval (prosopis) and also received proposal from the Chief Conservator of Forests and, therefore, after thoughtful consideration, a Resolution was passed on 13th December 2004 resolving that permission for cutting Ganda Baval shall not be required for manufacturing charcoal, if the plants are grown on the land other than protected or reserved forest. In the said resolution, it is expressly provided in para-4 that if the land belongs to Government Forest or private land or panchayat land, since the same is not touching the forest land, the Forest Department had not to undertake any activity/procedure. It is expressly provided that since the Ganda Baval is not prohibited under the Saurashtra Felling of Trees Act, 1951, no permission is required for cutting of Ganda Baval (prosopis) Page 4 of 21 C/WPPIL/326/2013 CAV JUDGEMNT grown on the land other than any reserved forest. It is also resolved to give exemption from getting transit pass for Ganda Baval and charcoal made from it.
2.7 Thereafter, the Forest Department issued another Resolution dated 1st April 2005 by which certain amendment was made in the earlier Government Resolution dated 13th December 2004 to the effect that since Ganda Baval is not prescribed under the Act, no permission for cutting it is required, except for the area of reserved forest or the area declared under Section 4 of the Indian Forests Act, 1927, and sanctuary and national park/garden.
2.8 By Resolution dated 6th May 2008, it was resolved that from the area other than forest, a private owner can remove Ganda Baval from private land without any permission. However, thereafter, it is surprisingly resolved that in the entire Kutch district, for transport of charcoal made from Ganda Baval or any other trees, the authority to issue transit pass will remain with the Forest Department. The State Government passed the said Resolution to control the transportation of Ganda Baval. Such a provision is introduced for the first time. Several representations had been made to the State Government for relaxation in the resolution contending that the charcoal, if already manufactured prior to 6th May 2008, should be allowed to be transported. The State Government relaxed the criteria for certain period of time.
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C/WPPIL/326/2013 CAV JUDGEMNT 2.9 Thereafter, the State of Gujarat in its Forest Department, by
Government Resolution dated 31st May 2011 resolved that in reserved forest area, Forest Department may cut Ganda Baval, but no other person is permitted. It is further resolved that in Kutch, Patan, Banaskantha, Mehsana, Surendranagar and Rajkot districts, transit pass will be available from the Forest Department and transportation from these districts to other districts in Gujarat or other State is not permitted without a transit pass.
2.10 The State of Gujarat had issued several resolutions during the period from the year 2004 to 2011 and, therefore, one consolidated Resolution dated 16th August 2012 came to be passed incorporating all the conditions stipulated in various Resolutions. There is a specific condition No.4 in the said resolution that private landowner can remove Ganda Baval from his own land without any permission. Condition No. 7 stipulates that if any private landowner wants to transport charcoal made from Ganda Baval grown in his land, a transit pas has to be obtained from Forest Department. 2.11 It is worthwhile to note that for cutting Ganda Baval grown in private land, there is no restriction and no permission is required, as Ganda Baval is not covered under the Saurashtra Felling of Trees Act. But then, a condition is incorporated that for transportation of charcoal made from Ganda Baval, a transit permit is Page 6 of 21 C/WPPIL/326/2013 CAV JUDGEMNT required from the Forest Department. According to the petitioners, when the first Resolution of the Government of Gujarat states that the Forest Department has no concern with cutting of the Ganda Baval by a private person from his own land, the condition to obtain transit permit from Forest Department is burdensome and an unreasonable restriction on trade and business. According to the petitioners, the procedure prescribed by the Deputy Conservator of Forests at Bhuj is also burdensome and time-consuming for poor and small agriculturists.
2.12 Due to the procedure prescribed by the Deputy Conservator of Forests, the small agriculturists are facing great difficulties in Kutch district. The agriculturists have to follow this burdensome procedure even for a small quantity and the agriculturists of Lakhtar and Abdasa talukas have to travel 200 to 250 Kms. to approach the Divisional Forest Officer. Therefore, several representations have been made to the respondent-authorities stating therein that by this activity, i.e. producing charcoal from Ganda Baval, several persons are getting employment. The agriculturists of Lakhtar and Abdasa talukas have to visit Dayapar to obtain permit, but at that place, even presence of the Forest Officer is not certain. There is no provision of control-room and the procedure is such that by one visit, an agriculturist would not get permission and it will give rise to corruption and malpractice in Forest Department and it consumes a lot of time and incurs expenditure.
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C/WPPIL/326/2013 CAV JUDGEMNT 2.13 Several agriculturists have made applications from
February 2013 to get permission, but till date, no such permission is granted. The petitioners craved leave to annex few specimen applications for ready perusal of this Court in order to show how the small agriculturists are being harassed by the Forest Department. 2.14 The petitioner No.3 being a resident of village Kapurasi, made a representation to the Conservator of Forests intimating the difficulties faced by the small agriculturists due to non-granting of transit pass to them.
2.15 The Deputy Conservator of Forests, upon order passed by this High Court in Special Civil Application No. 8300 of 2008, prescribed a procedure for getting transit pass. Looking to the procedure, it is crystal clear that it is impossible for an agriculturist to get such permission within a period of 7 days as directed by this Court. The entire procedure prescribed by the Conservator of Forests is against the Government Resolution and not in consonance with the order passed by this Court.
2.16 Due to the burdensome, time-consuming and expensive policy, the small agriculturists are facing difficulties and, on the other hand, big businessmen and/or contractors are exploiting small agriculturists and by adopting malpractice, they easily manage to Page 8 of 21 C/WPPIL/326/2013 CAV JUDGEMNT have transit pass immediately. Thereafter, suddenly from February, 2013, the local Forest Department of Kutch district decided not to issue any transit pass for transporting charcoal made from Ganda Baval. News items were also published in daily newspaper "Kutch Mitra" on 16th June 2013 to the effect that the transit pass is prohibited in Kutch district. Such action on the part of the respondent- authorities is a highhanded, unlawful and unreasonable restriction. 2.17 Several agriculturists have made various applications for transit pass since June 2013, but nobody has got permission to transport charcoal.
2.18 Various organizations, individuals, leaders of political parties and various panchayat authorities have made representations to the Chief Conservator of Forests, Kutch District to look into the procedure prescribed by them, which unnecessarily puts restriction on the lawful activity by which small agriculturists and other poor persons of Kutch district get employment and earn their livelihood. 2.19 The petitioners have to come to know that recently Deputy Conservator of Forests has evolved a new transit policy for transportation of charcoal made from Ganda Baval. To the best knowledge of the petitioners, though the new policy is introduced, till date of filing the petition, no application for issuing transit pass is considered by the authority. Such a highhanded action Page 9 of 21 C/WPPIL/326/2013 CAV JUDGEMNT on the part of the authority is nothing but an unreasonable restriction on the small agriculturists in earning their livelihood. 2.20 In the newspaper reports dated 22nd October, 2013 and 25th October, 2013, it was reported that several representations were made to the authorities with regard to such highhanded action, and requests were also made to adopt an easier procedure in the interest of small agriculturists.
3. This writ-application is opposed by the respondent No.2 by filing an affidavit-in-reply and the defence of the respondent No.2 may be summed up thus:
3.1 Ganda Baval (prosopis) is not always harmful to the agricultural field. It is true that it spreads very fast and does not allow other vegetation to come up, but Ganda Baval (prosopis) is also beneficial in many ways. It grows in saline soil also where no vegetation can come up. It also decreases salinity of the soil and improve the soil cover. It is not harmful to cattle and other animal. Pods of Ganda Baval (prosopis) are eaten by cattle and wild animals. Pods of Ganda Baval (prosopis) are also used in making cattle feed. Ganda Baval trees provide habitat to many other wild animals, reptiles and birds.
3.2 Most of the times, the Agriculturist do cultivation in their field,
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which is surrounded by Ganda Baval. The Ganda Baval which is grown in the periphery of the agriculture field protects the crops grown in the field from animals as well as other trespassers. It also protects the crops from direct sun light and windstorm which are normally high in the Kutch District.
3.3 In entire District of Kutch, trees of Ganda Baval is found in plenty, marks of them are found in Government waste lands, Gauchar lands, Reserved Forest within Sanctuary area as well as on private land, and, therefore it is found in plenty in Kutch District. 3.4 Charcoal which is made from parts of these trees fetches a good amount of money as it is used as a raw material in number of industries and it has huge usage.
3.5 Considering the above basic facts, the Government has realized that it is the duty of the State Government to ensure that the environment is protected and managed in a sustainable manner.
However, at the same time, it is essential to ensure that in cases where charcoal is prepared from parts of Ganda Baval trees, the same is made from the trees grown on private lands and not made from the cutting of Ganda Baval found in Government Land or Forest Land. 3.6 The Government of Gujarat, Forest and Environment Department had issued a notification dated 8th August 2011 under the Page 11 of 21 C/WPPIL/326/2013 CAV JUDGEMNT Indian Forest Act, 1927 with the concurrence of the Central Empowered Committee, New Delhi constituted by the Supreme Court of India regarding establishment of wood conversion unit and paragraph 4 of this notification reads as under:
"No charcoal manufacturing unit shall be established or operated anywhere in the State without previous written permission of the "Range Forest Officer".
Thus, prior written permission of the Range Forest Officer is necessary for establishing a charcoal manufacturing unit, which is a wood conversion unit. Therefore, before selling or purchasing or doing trade in the charcoal, it is mandatory to ensure that the charcoal is manufactured legally as per above mentioned notification of the Government.
3.7 In the year 2004, free transportation of charcoal was allowed in Kutch District vide resolution dated 13th December 2004. However, since it resulted in degradation of the environment, vegetation and lands, the above mentioned provision in 13th December 2004 resolution was cancelled in the year 2008, vide resolution dated 6th May 2008. It is clearly mentioned in the resolution that "in whole Kutch district for the transportation of charcoal manufactured from wood, the right to issue transit pass will only be with the officers of Forest Department and no charcoal will be transported without such legally valid transit pass." However, representations were made to the effect that for charcoal, which is Page 12 of 21 C/WPPIL/326/2013 CAV JUDGEMNT already manufactured and lying indisposed, needed provision for its disposal before the Government Resolution dated 6th May 2008 is enforced. To facilitate disposal of such charcoal which was lying indisposed before the issuance of Government Resolution dated 6th May 2008, a resolution dated 6th June 2008 was issued and special provision was made to allow disposal of such charcoal which was already manufactured and lying not utilised, by allowing it to be sold to Gujarat State Forest Development Corporation Ltd., and its time limit was fixed as 15 days. Thus, the provision of sale unutilised charcoal to Gujarat State Forest Development Corporation Ltd., was kept just for 15 days from the date of issue of resolution dated 6 th June 2008.
3.8 No permission is required to remove Ganda Baval tree from private land. However, for the manufacture of coal from Ganda Baval as well as for the transportation of Charcoal manufactured from the wood of Ganda Baval or any other tree in the Kutch, Patan, Mehsana, Surendranagar and Rajkot Districts, it is mandatory to get permission of Range Forest Officer for establishment of manufacturing of Charcoal as well as transit pass will have to be obtained from the Forest Department and no Charcoal manufactured from wood in these Districts shall be transported within the district or to other districts within the State or out of the State without authorized, valid transit pass issued by the Forest Department.
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C/WPPIL/326/2013 CAV JUDGEMNT 3.9 Further, during the last three years (2010-11 to 2012-13), a total number of 1416 permissions for manufacturing and
approximately 11,75,926 Quintals charcoal were given by the Kutch West Division, and Kutch (East) Division, which clearly shows that once a person satisfies the conditions, permission to manufacture charcoal as well as transit passes are issued by Forest Department. 3.10 As far as the new policy dated 21st October 2013 is concerned, it is clarified that it is not a policy but Deputy Conservator of Forest, Bhuj has merely detailed procedure within the framework of existing policy of the State Government which is required to be followed for streamlining the process of issue of transit pass for transport of charcoal manufactured from Ganda Baval or any other tree.
3.11 It is also relevant to note that most of the times, persons mix charcoal made from the trees in their private land as well as from the other places i.e. Government Waste Land or Forest Land by illegal means and therefore, to ensure that the charcoal is made only from the trees located on the private land, such detailed procedure is envisaged. It is worthwhile to mention that in the last 3 years (2010- 11 to 2012-13), a total number of 136 vehicles were caught by Forest Department in Kutch district carrying approximately 8021 quintal of charcoal amounting Rs.80,21,000 lakh in value. During investigation of such cases, it was found that the charcoal was actually illegally Page 14 of 21 C/WPPIL/326/2013 CAV JUDGEMNT manufactured from Ganda Baval grown in the land owned by Government. This shows that quite large quantity of charcoal is being illegally manufactured and/or transported inspite of procedures being adopted. Therefore, strict procedures are necessary to keep control over possibility of illegal cutting of Ganda Baval from the Government owned Gauchar/wasteland and Forest areas.
3.12 Therefore, the State respondents are not prohibiting the small Agriculturists from producing/making of charcoal from Ganda Baval grown on their own agriculture fields, but to ensure protection of environment as well as to curb illegal activities, a procedure has been prescribed by the Deputy Conservator Forests, Kutch (East) Division. Moreover, it is worthwhile to note that for cutting Ganda Baval from the farm, no permission is required. Therefore, to say that poor farmers are facing difficulty in removing Ganda Baval from their farm is baseless. Therefore, no relief as prayed for in the petition should be granted.
4. After hearing the learned counsel for the parties and after going through the materials on record, we find that the State-respondent has seriously disputed the fact that Ganda Baval is harmful to the agricultural fields. According to the State-respondent, it is also beneficial in many ways. It grows in saline soil and also in places where no vegetation can come up. It decreases the salinity of the soil and improves the soil cover. At the same time, it is also not harmful Page 15 of 21 C/WPPIL/326/2013 CAV JUDGEMNT to the cattle and other animals. According to the State-respondent, pods of Ganda Baval are eaten by cattle and wild animals and the same are also used in making cattle feed. At the same time, Ganda Baval provides habitat to many other wild animals, reptiles and birds. It is further pointed out that the agriculturists do cultivation in their fields, which are surrounded by Ganda Baval. The Ganda Baval, which is grown in the boundary of the agricultural fields, protects the crops grown on the fields from animals as well as other trespassers. It also protects the crops from direct sunlight and windstorms which are normally high in the Kutch district. It is further asserted by the State- respondent that the plant of Ganda Baval is found in abundance in the Government waste lands, gauchar lands, and reserved forests within the sanctuary area as well as on the private lands and the charcoal which is made from the parts of these plants fetches a good amount of money as it is used as a raw material in number of industries and has a huge usage.
5. We find substance in the contention of Mr. Jani, the learned Government Pleader, that in the above circumstances, if the State Government, for protection and management of environment in a substantive manner, decides to ensure that for the purpose of preparation of charcoal, Ganda Baval grown in Government land or forest land is not used, the same cannot be said to be unreasonable. It appears that the Government of Gujarat, Forest & Environment Department had issued a notification dated 8th August, 2011 under Page 16 of 21 C/WPPIL/326/2013 CAV JUDGEMNT the Indian Forest Act, 1927 with the concurrence of the Central Empowered Committee, New Delhi, constituted by the Supreme Court of India regarding establishment of wood conversion units and in paragraph 4 of the notification, it is specifically stated that no charcoal manufacturing unit shall be established or operated anywhere in the State without previous written permission of the Range Forest Officer.
6. It further appears from the materials on record that no permission is required to remove Ganda Baval from the private land. However, for the purpose of manufacture of charcoal from Ganda Baval as well as for transportation of charcoal manufactured from the wood of Ganda Baval or any other tree in districts of Kutch, Patan, Mehsana, Surendranagar and Rajkot, it is mandatory to get permission of the Range Forest Officer for establishment of manufacturing unit of charcoal and it is also necessary to have a transit pass from the Forest Department. Consequently, no charcoal manufactured from the wood in this district should be transported within the district or to other district within the State or out of the State without legally valid transit pass issued by the Forest Department.
7. The grievance of Mr. Shah, the learned advocate appearing on behalf of the petitioners, is that by virtue of the new policy adopted on 21st October, 2013, the procedure for obtaining transit pass has Page 17 of 21 C/WPPIL/326/2013 CAV JUDGEMNT become so much cumbersome that it is very difficult for a poor agriculturist to sell charcoal prepared from Ganda Baval grown on his own land. Mr. Shah submits that if a poor cultivator of Lakhpat area is required to go to Bhuj for the purpose of transit pass for transportation of small amount of charcoal, having regard to the distance between Lakhpat and Bhuj, there will be virtually no profit in such transportation. According to Mr. Shah, the Range Forest Officer of the local area should be authorized to issue such transit pass.
8. We find from the new policy that for the purpose of preparation of charcoal from Ganda Baval grown on private land owned by individuals, the private owner should get permission from the local Range Forest Officer and he is not required to go to the Divisional Office. However, if he proposes to transport it to other area, such permission is necessary.
9. Under the existing law of the land, it is for the State-respondent to decide in what way it will protect the environment and prevent illegal conversion of forest material and transportation thereof. We find substance in the contention of Mr. Jani that the reasonable restriction imposed by the State Government is quite justifiable if it wants to be sure that the charcoal sought to be transported is not made from the plants grown on government or forest land or even from the plants grown on lands of other than the transporter himself while issuing transit pass. We have already pointed out that if a small Page 18 of 21 C/WPPIL/326/2013 CAV JUDGEMNT agriculturist wants to use charcoal for his own purpose, simply by taking permission from the local Range Forest Officer, he can convert the same, but if his intention is to sell the same by transporting it, in such a case, the State-respondent is quite justified in providing the detailed procedure for verification of the source of the charcoal.
10. A Court sitting in jurisdiction under Article 226 of the Constitution of India should not interfere with the procedural aspect for protection of environment or prevention of illegal transportation of the forest materials unless it appears that such procedure has infringed any of the legal or fundamental rights of any individual. The scope of judicial review of governmental policy is now well defined. The courts do not and cannot act as appellate authorities examining the correctness, suitability and appropriateness of a policy. The Courts cannot lose sight of the fact that they are not advisors to the executives on the matters of policy, which the executives are entitled to formulate. The scope of judicial review, when examining a policy of the Government, is to scrutinize whether it violates the fundamental rights of the citizens or is opposed to the provisions of the Constitution of India or to any statutory provisions or is manifestly arbitrary. The Writ-Courts cannot interfere with the policy either on the ground that it is erroneous or that a better, fairer or wiser alternative policy is available. The legality of the policy and not wisdom or soundness of the policy is the subject of judicial review [vide: Asif Hameed v. State of Jandk, reported in [1989] Supp. Page 19 of 21
C/WPPIL/326/2013 CAV JUDGEMNT [2] SCC 364; Shri Sitaram Sugar Co. Ltd., v. Union of India, reported in [1990] 3 SCC 223; Khoday Distilleries v. State of Karnataka, reported in [1996] 10 SCC 304; Balko Employees Union v. Union of India, reported in [2002] 2 SCC 333; State of Orissa v. Gopinath Dash, reported in [2005] 13 SCC 495 and; Akhil Bharat Goseva Sangh v. State of Andhra Pradesh, reported in [2006] 4 SCC 164.)
11. We are not impressed by the submission of Mr. Shah, the learned Advocate appearing on behalf of the petitioners that the procedure of taking permission by filing appropriate application before Divisional Office in this type of a serious matter, has, in any way, affected the legal or fundamental right of any individual.
12. Mr. Shah had also tried to impress upon us that the fixation of time-limit for transportation is also unreasonable. According to the procedure prescribed by the State-respondent, after getting permission to transport, it is necessary that the starting point of transportation as well as the time of departure must be indicated in the application and if it appears that within a reasonable time-limit the transportation is not made, the said transit pass will become invalid. However, a provision is made that in a case, if for any reason it is not possible to transport the material within the reasonable time fixed after the departure of the vehicle, it can be conveyed to the authority by way of an application or by telephone that due to the Page 20 of 21 C/WPPIL/326/2013 CAV JUDGEMNT reasons indicated, the applicant is unable to comply with the time- limit fixed and in such a situation, the forest authority may extend the time of transportation. Therefore, the imposition of time-limit in transit pass cannot be said to be unreasonable when sufficient time has been given for crossing the border of Kutch or reaching the destination from the starting point of transportation. We are told that the time-limit is fixed by taking into consideration the distance of the relevant destination from the starting point as if the vehicle is proceeding at a speed of 25 kms. per hour. Thus, the calculation of the time-limit is also quite reasonable.
13. On consideration of the entire materials on record, we, therefore, find that the restriction imposed by the State-respondent is not, in any way, in conflict with any law of the land and at the same time, it has not infringed any of the rights of the citizens. It is not for us to decide whether a wiser policy could be formulated and for that reason, we cannot propose any other procedure for issue of transit pass. We, consequently, find no merit in the application and the same is dismissed. No order as to costs.
Sd/-
(BHASKAR BHATTACHARYA, CJ.) Sd/-
(J.B.PARDIWALA, J.) mathew Page 21 of 21