ition Nos
82979 1104 200 2655 of 1980
Under article 32 of the Constitution of India
G N Dikshit section Markendeya P Sinha M M Temai J K Nayyar and section K Bisaria with him for the Petitioners
section R Gambhir for the Respondent
The Judgment of the Court was delivered by CHINNAPPA REDDY J
The petitioners are nomad graziers of Gujarat and Rajasthan who wander from place to place with their sheep goats and cattle in search of pasture and foliage
Boundaries of States present no barriers to them
After all to them and to their livestock it is a question of survival
In their wanderings they often pass through the State of Madhya Pradesh en route some times to Uttar Pradesh and some times to Maharashtra
This happens particularly in times of drought in Gujarat and Rajasthan The powers that be in the State of Madhya Pradesh became apprehensive that uninhibited passage of large herds of these animals through Madhya Pradesh may lead to large scale devastation of their forest wealth
So they hit upon a plan to prevent foreign cattle  from browsing in Madhya Pradesh forests
For the moment it was forgotten that India is one country and no Indian is a foreigner in any of the constituent States of India
The plan was this The enabled the State Government to make rules to regulate the cutting of grass and pasturing of cattle in protected forests Sec
32i and generally to carry out the provisions of the Act Sec 76
We may note here cattle  as defined by section 2i includes buffaloes sheep goats and many other specie of browsing animals
We may also note that we are concerned in this case with protected forests only and not reserved forests
Rules had been made earlier by the Madhya Pradesh Government in 1974 called the Madhya 126 Pradesh Grazing Rates Rules 1974 by which provision was made A for grazing licences transit grazing licences grazing rates and other subjects
Rule 4 prohibited grazing in closed coupes plantation area and such other areas as were declared as closed for grazing by the Divisional Forest officer
Rule 3 provided for the issuance of licences for grazing in particular grazing units each forest range being treated as a grazing unit till the constitution of such grazing units
Rule S provided for the issuance of transit licences for transit of cattle through Government forests in the State of Madhya Pradesh so that cattle in transit may not graze continuously for more than a month in a particular grazing unit
Rule 6 prescribed grazing rates commercial and transit
For buffaloes it was Rs 6 per head per year while for goats and sheep it was Re 1 per head per year whether it was for commercial or transit purposes
Rule 7 prescribed grazing rates for foreign cattle of adjoining States 
Whether the cattle grazed in the forest or passed through the forest Grazing was permitted at the rate of Rs 10 per head per year in the case of buffaloes and Rs 2 per head per year in the case of goats and sheep
In 1979 the rules made in 1974 were superseded and fresh rules were made
They are the rules now in force
Rule 25 bans grazing in reserved forests
Rule 3 provides for the issue of grazing licences in grazing units so constituted
Until grazing units are constituted each forest range is to be treated as a separate grazing unit
Rule 32 provides for the levy of grazing charges at rates to be notified from time to time
Rule 4 prohibits grazing in closed coupes plantation areas and other areas which are declared as closed for grazing by the Divisional Forest officer
Rule 5 provides for transit grazing licences on payment of grazing charges for the transit of cattle through Government forests where the owners of the cattle are residents of Madhya Pradesh
Cattle in transit however are not allowed to graze continuously in the same grazing unit for more than 30 days
Rule 6 enables the Government to notify from time to time the rates of grazing charges and transit grazing charges payable by residents of Madhya Pradesh
Rule 7 provides for the levy of grazing rates for foreign cattle of adjoining States 
The rule enables the State Government to prohibit restrict or in their discretion to grant owners of cattle residing outside the State of Madhya Pradesh grazing or transit grazing facilities for their cattle on payment of charges to be notified from time to time
Rule 72 further empowers the Government to specify the specific grazing areas the points of entry and exit of the route to be followed by the cattle 127 the period during which grazing or transit grazing should be completed etc
On June 28 1979 two notifications one under rule 6 and the other under rule 7 were issued notifying the rates of charges for the issue of grazing and transit grazing licences
In respect of cattle belonging to residents of Madhya Pradesh the grazing rate is Re 1 per year for each animal in the case of goats and sheep
Nothing is to be charged in the case of buffaloes
The notification issued under rule 7 prescribes the routes to be followed by the cattle of Rajasthan and Gujarat while in transit through the State of Madhya Pradesh
It also stipulates that the owners of cattle must take the cattle through the State of Madhya Pradesh within a period of 45 days after the issue of licences
The prescribed grazing rates are Rs 10 per animal in the case of buffaloes and Rs 5 per animal in the case of sheep and goats
Apparently the Government of Madhya Pradesh wants to inhibit the influx of cattle of other States described in the rules as foreign cattle  by the method of charging higher grazing rates in their case than in the case of cattle belonging to the residents of Madhya Pradesh This levy of higher rates the prescription of the route to be followed by foreign cattle while in transit through Madhya Pradesh and the stipulation that the cattle must leave Madhya Pradesh in 45 days are questioned in these writ petitions
It is contended that the petitioner s Fundamental Rights under article 14 and article 19 e f  and g and the right under article 301 are contravened
On the other hand it is contended on behalf of State of Madhya Pradesh that the rules prescribing grazing rates for foreign cattle the route to be followed by foreign cattle  while in transit through Madhya Pradesh and the period for which foreign cattle  may remain within the boundaries of the State of Madhya Pradesh are made to regulate the influx and passage of foreign cattle  into and through Madhya Pradesh with a view to prevent devastation and to protect the forest wealth of State
We are unable to see any rational basis for the distinction made between owners of cattle belonging to Madhya Pradesh and owners of cattle belonging to other States described as owners of foreign cattle  and the levy of prohibited grazing rates on owners of the so called foreign cattle 
Forests of Madhya Pradesh are not grazing grounds reserved for cattle belonging to residents of Madhya Pradesh only even as the towns and villages of Madhya Pradesh cannot be reserved for the residents of the original residents 128 of Madhya Pradesh only
Accidents of birth and geography cannot A furnish the credentials for such discrimination and authorise prejudicial treatment in matters of this nature
We do not say that geographical classification is never permissible
For example a preference given by a State to its residents ill the matter of admission to educational institutions maintained by the State from its revenues may be well justified
But we are unable to see any such justification for the levy of virtually penal grazing charges in the case of owners of cattle belonging to other States
The only attempt at justification is that the influx of foreign cattle  is resulting in the destruction of the forest wealth of the State
It is difficult to understand this justification
If cattle belonging to residents of Madhya Pradesh are allowed to graze will it not lead to the same damage as by the cattle belonging to persons of other States  Surely it cannot be that the Madhya Pradesh cattle are less destructive than the cattle belonging to persons of other States
Further if the object was to prevent all cattle from grazing in protected forests such grazing could have been banned as in the case of reserved forests
Even in the case of the so called foreign cattle cattle belonging to owners who are rich may yet have their cattle graze in the Madhya Pradesh forests but not cattle belonging to poorer graziers
Further subject to reasonable restrictions which may be imposed in the interests of the general public a citizen has the right under our Constitution to move freely throughout the territory of India to reside and settle in any part of the territory of India and to practise any profession or to carry on any occupation trade or business
Graziers be they of Madhya Pradesh Gujarat or Rajashthan therefore have the right to pass and repass through the State of Madhya Pradesh with their cattle in the pursuit of their occupation
The right is of course subject to reasonable restrictions in the interests of the general public
We are enable to discover any reasonable basis for classifying graziers into those belonging to Madhya Pradesh and those belonging to other States nor are we able to discover any acceptable reason behind the restriction imposed on graziers of other States by the heavier charge made on them
We are convinced that their is no justification whatsoever for charging higher grazing rates for cattle belonging to persons of other States
In regard to the prescription of the route along which the cattle have to be taken while in transit however we find nothing wrong with it since the object is obviously to prevent cattle straying and causing indiscriminate damage to forests
We are however unable to justify the ceiling of 45 days in which cattle must pass through the State of Madhya Pradesh
In the case of 129 cattle belonging to residents of Madhya Pradesh the grazing rate is levied for a period of one year
There is no reason why the charge A should be levied for 45 days in the case of persons belonging to other States
The apprehension that cattle if allowed to graze in the same place for a long time may destroy the pasture and foliage altogether is taken care of by the other rules which prescribe that the cattle may not graze in the same grazing unit for more than a month
In the circumstances we quash the levy of higher grazing rates in the case of cattle belonging to persons of States other than Madhya Pradesh and direct the respondents to levy the same rates as they do in the case of cattle belonging to residents of Madhya Pradesh
The limit of stay of 45 days is also declared unconstitutional
The writ petitions are allowed accordingly
The petitioners will get their costs


Summary:
With the purported object of inhibiting the influx of cattle belonging to owners of neighbouring States passing through the State of Madhya Pradesh the State Government issued a notification under rule 7 of the MP Grazing Rates Rules 1979 prescribing the route to be followed by such cattle described as foreign cattle  while in transit
The notification also stipulated that foreign cattle should leave the State within a period of 45 days after the issue of the licence that the owner should pay grazing charges of Rs 10 per buffalo and Rs 5 per goat or sheep for the period of transit
A notification issued under rule 6 however prescribed grazing charge of Re 1 per year for each goat or sheep belonging to residents of the State of Madhya Pradesh
No charge was prescribed in respect of buffaloes
The petitioners nomad graziers of Gujarat and Rajasthan who pass through the State of Madhya Pradesh with their cattle en routes to other neighbouring States in their petitions under Article 32 of the Constitution contended that tile notification issued under rule 7 contravened their fundamental rights under Articles 14 19 1 e  f  and g and also their right under Article 301 of the Constitution and that therefore it was invalid
Allowing the petitions  HELD There was no rational basis for the distinction made between owners of cattle belonging to Madhya Pradesh and owners of cattle belonging to other States and the levy of prohibited grazing rates on owners of foreign cattle 
There was equally no justification in prescribing the ceiling of 45 days during which the cattle must pass through the State
While in the case of cattle belonging to the residents of the State of Madhya Pradesh the levy was for one year there was no reason why the charge should be for 45 days in the case of cattle belonging to graziers of other States
127 G H 128 A B Under our Constitution a citizen has the right to move freely throughout the territory of India subject to reasonable restrictions
To whichever State a grazier may belong he has the right to pass and repass through the State of 125 Madhya Pradesh with his cattle in pursuit of his occupation
Forests of the State are not the grazing grounds reserved for cattle belonging to residents of A that State only
128 D F There was however nothing wrong in prescribing the route along which the cattle had to pass while in transit because its object was to prevent cattle straying and causing indiscriminate damage to forests
128 H