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by Admin
07 May 2024 2:49 AM
In a landmark judgment delivered on October 5, 2023, the Honorable Justices Sanjeev Narula and Satish Chandra Sharma of the Delhi High Court upheld the government's directive for the exclusive import of cut flowers through Chennai Airport. The ruling comes after a legal challenge by a petitioner who contested the directive, alleging it was arbitrary and violated their rights.
The court's decision centered on the core issue of whether the government's directive was arbitrary and detrimental to the petitioner's interests. In their observations, the justices recognized the government's justification for this directive, emphasizing national bio-security and operational efficiency.
The government argued that designating Chennai Airport as the sole port of entry for cut flowers would expedite clearance processes and ensure strict adherence to phytosanitary inspection protocols. The justices noted the importance of safeguarding bio-security and preventing the introduction of harmful exotic pests into India.
The judgment highlighted the specialized expertise available at the Regional Plant Quarantine Station (RPQS) in Chennai, equipped with advanced instrumentation and personnel trained to identify elusive pests in cut flowers. This expertise played a crucial role in the government's decision.
Furthermore, the court underscored that matters such as import regulations, the safeguarding of domestic agriculture, and resource allocation are the prerogative of administrative and policy-making authorities. These decisions require specialized knowledge and are best left to experts in the relevant fields.
Regarding future plans, the government committed to upgrading facilities at various ports, including Delhi, in a phased manner. This demonstrated the government's dedication to addressing the challenges faced by the petitioner and ensuring long-term bio-security.
Delhi High Court disposed of the petition, noting that the government's ongoing initiatives to enhance laboratory facilities and technical manpower at various ports, including Delhi, indicated their commitment to addressing the petitioner's concerns. Judicial intervention was deemed unnecessary at this stage.
This judgment sets a precedent by reaffirming the government's authority in making decisions related to bio-security, import regulations, and resource allocation, guided by specialized expertise and long-term strategies.
Date of Decision: 05 October 2023
FRESH FRUIT FLOWERS AND VEGETABLES TRADERS ASSOCIATION vs DIRECTORATE GENERAL OF FOREIGN TRADE & ANR.
[gview file="https://lawyerenews.com/wp-content/uploads/2023/10/Fresh_Fruit_Flowers-Vs-DGT-05Oct23_Del.pdf"]
