3. The petitioners in these writ petitions are importers, importing timbers and other goods from various countries across the world. Earlier, wooden logs were procured from local resources within the country. However, felling of spontaneous trees for industrial purpose has been prohibited by virtue of the judgment of the Honourable Supreme Court in the case of T.N. Godavarman Thirumalpad vs. Union of India. Therefore, the importers like the petitioners have resorted to import wooden logs from countries like Latin America, Western Africa etc., It is contended that the wood required for the Industry has to be fumigated/treated with “Methyl bromide“ but it is prohibited in the European Countries and therefore, the wooden logs could not be subjected to fumigation at the port of Boarding. Taking note of the difficulties faced by the importers, the first respondent in exercise of the power conferred under Order 14 of the Plant Quarantine Regulation of Import into India Order, 2003, granted relaxation of fumigation norms at the port of Boarding and permitted fumigation at the Port of discharge. Having relaxed the fumigation norms for some time, the first respondent imposed certain conditions for importing timber/wooden logs. One of the conditions being imposition of penalty for fumigation of the wooden logs Contending that the Plant Quarantine Regulations of Import into India Order, 2003 does not provide any power or authority to the first respondent to levy any penalty, the petitioners are before this Court with this batch of writ petitions.
