Supreme Court Holds Time Limit for Filing Ownership Certificate Application Under Wild Life Act is Mandatory
In a recent judgment, the Supreme Court of India has held that the time limit prescribed for filing an application/declaration for ownership certificate under the Wild Life (Protection) Act, 1972 is mandatory and cannot be extended. The Court emphasized that adhering to the prescribed period is crucial to fulfill the purpose and object of the Act and associated rules.
The bench, comprising of Justices M.R. Shah and Manoj Misra, stated, “The time limit prescribed under Rule 4(2) of the Declaration of Wild Life Stock Rules, 2003 for filing the application/declaration is mandatory and cannot be relaxed.” The Court further explained that the Chief Wild Life Warden has a duty to give wide publicity to the notification and assist individuals in making the declaration within the specified timeframe. Failure to file the declaration/application within the prescribed time will result in the ownership of the wildlife article vesting with the Government or forest department.
The judgment emphasizes the importance of timely compliance and rejects the argument that ignorance or lack of knowledge can be used as a defense. Referring to Rule 3 of the Rules, the Court stated that the Chief Wild Life Warden is obligated to provide wide publicity and assistance, leaving no room for ignorance regarding the filing requirements.
This ruling by the Supreme Court will have significant implications for individuals in control, custody, or possession of wildlife animals or wildlife articles covered under the Act. The judgment reiterates the necessity of strict adherence to the prescribed time limits, reinforcing the objectives of wildlife protection laws.
Date of Decision: March 17, 2023]
Vishalakshi Amma vs State of Kerala & Ors.
