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TMI Blog2023 (10) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... ut is also presently being addressed by the appropriate authorities. Therefore, judicial intervention at this stage is not warranted. Petition disposed off. - HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA and HON'BLE MR. JUSTICE SANJEEV NARULA For the Petitioner Through: Mr. Shakeel Sarwar Wani, Advocate. For the Respondents Through: Mr. Chetan Sharma, ASG with Mr. Ripu Daman Bhardwaj, CGSC with Mr. Amit Gupta, Mr. Kushagra Kumar, Advocates with Mr. S.K. Verma, Joint director and Mr. Hariom Miglani, Legal Officer. JUDGMENT SANJEEV NARULA, J. 1. The Petitioner, the Fresh Fruits, Flowers Vegetables Traders Association is a body committed to the advancement and well-being of flower traders operating in Delhi. Their grievance presented before us originates from a notification, dated 09th July, 2020 (hereinafter impugned notification ) issued by Respondent No. 1, the Directorate General of Foreign Trade ( DGFT ), under the aegis of Ministry of Commerce and Industry, Government of India ( MoCI ). The impugned notification imposes a prohibition on importation of a variety of cut flowers into India through all airports, save for the Chennai airport. The Petitioner contends that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legal tussle. Frustrated by DGFT s failure to act upon the Court's directions, the Petitioner filed an additional representation on 06th January, 2021. In a parallel action, on 28th January, 2021 the Petitioner also communicated its grievance before the Respondent No. 2, the Department of Agriculture Co-operation Farmers Welfare, Ministry of Agriculture and Farmers Welfare, Government of India ( DAC FW ). Eventually, on review of the representations and after affording the Petitioner a personal hearing, the DGFT, in consultation with the DAC FW, issued an order on 02nd March, 2021 (hereinafter impugned order ). This order denied Petitioner s requests, leading them to once again, seek judicial intervention challenging both the original notification and the subsequent order, which reads as under: No. 01/89/180/32/AM-20/PC-2 (A)/P-24868 Government of India Ministry of Commerce Industry Department of Commerce Directorate General of Foreign Trade .. Udyog Bhawan, New Delhi Dated 2nd March, 2021 ORDER Subject: Civil Writ Petition No. 8831/2020 entitled Fresh Fruit Flowers Vegetables Trades Association v. DGFT filed in the Hon'ble High Court of Delhi. The Government of India amend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that: (a) The cut flowers import into India comes under Schedule-VI VII Plant Quarantine (Regulation of Import into India) Order, 2003 which can be imported with Phytosanitary Certificates and additional declaration under Schedule VI and with only Phytosanitary Certificate under Schedule VII. The major import of cut flowers is mainly from Thailand, Netherlands, Columbia, Kenya, South Africa and New Zealand. Import of cut flowers are permitted from any country and allowed to enter into India through all notified points of which includes Airports, Seaports Land Frontiers, but being perishable item, it is mainly imported through Airports. (b) Imposition of restriction on the entry of cut flowers into India was necessitated by the fact that cut flowers are perishable item and which has to be released within time line of 4-6 hrs after phytosanitary inspection and clearance. Therefore, Cut flowers import requires 24x7 working of Plant Quarantine Station(s). Further, there is an increasing trend in export and import of agricultural commodities which require more technical manpower and time for inspection of the consignment to prevent the entry of exotic pests which is important to prot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any reasonable justification for limiting flower imports to Chennai airport. The order itself acknowledges the perishable nature of cut flowers, specifying that they must be released within 4-6 hours following phytosanitary inspection and clearance. Despite this, the order inexplicably fails to consider how a single airport could feasibly meet this tight timeline while also satisfying the demand from millions of consumers nationwide. 7. The members of Petitioner-association have a history of smoothly importing cut flowers via Delhi airport, without encountering the issues cited in the impugned order. Given the presence of nearby plant quarantine stations at Vasant Kunj, New Delhi, and Faridabad, Haryana, the purported constraints related to technical manpower and overburdened plant quarantine officials do not hold water. Such justifications fail to meet the legal tests set forth under Articles 14, 19, and 21 of the Constitution of India. Furthermore, the Petitioner-association s members have consistently paid the requisite fees and charges mandated by the MoCI, undermining any argument concerning manpower or facility shortages. 8. The impugned notification makes it impractical for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also voiced about Chennai s climate affecting flower quality, to which it was countered that Delhi s summer temperatures are in fact higher than that of Chennai. Rejoinder from the Petitioner-Association 13. In their rejoinder, the Petitioner-association countered the claims made in the DGFT's preliminary affidavit. Specifically, they reiterated that prior to issuance of the impugned notification, the import of cut flowers through Delhi Airport was a smooth process, with consignments being consistently cleared within a 2 3-hour window. This stood in stark contrast to the procedural delays at Chennai Airport, where it took more than 2-3 days from the point of entry into India until the flowers reached the market. To substantiate these contentions, the Petitioner included documentary evidence showcasing instances of import logistics at both airports. 14. There exists a limited operational window at the Regional Plant Quarantine Station in Chennai (hereinafter RPQS, Chennai ), which only functions from Monday to Saturday between 9:15 AM and 5:45 PM. In contrast, they cited information obtained through a Right to Information (RTI) request, which revealed that five to six Plant Qua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of hearing. Learned counsel appearing on behalf of the Petitioner seeks time to file rejoinder to the short affidavit filed by Respondent No. 1. Let the rejoinder be filed before the next date of hearing. Petitioner will indicate as illustrations, the dates of few Bills of Entry and clearance of the goods at the Chennai Airport, in light of the principal contention of the Petitioner that the goods are perishable and the justification of Respondent No. 1 that the clearance at Chennai Airport will facilitate early clearance of the cut-flowers. DGFT s Subsequent Affidavit 17. In response to the Court s query and Petitioner-association's rejoinder, the DGFT's subsequent affidavit stated that there was a 20% increase in the volume of agricultural commodities being exported and imported in the period between 2015-16 to 2019-20, necessitating a redistribution of resources to prevent overburdening of ports. The affidavit clarified that various officials at the Delhi Airport were redeployed to handle other agricultural commodities and other duty points as required. This redistribution of resources, according to the DGFT, eased the pressure on an already overburdened port. Further, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing or refuting this information. 22. On 17th April, 2023, DAC FW filed a short affidavit stating that while lab facilities were indeed comparable across the major airports, Chennai had specific machinery and trained manpower for the detection of exotic pests. In response to DAC FW s affidavit, the Petitioner reiterated its previous arguments, emphasizing the absence of any incidents involving imported cut flowers at the Delhi airport. The Petitioner questioned why the government could not provide similar specialized facilities at Delhi airport. Further, it detailed how various orchid importers had benefitted from the impugned notification and argued that while various other items were still imported through Delhi, the specific restriction was inexplicably only on fresh cut flowers. Analysis and Findings 23. We have carefully examined the pleadings, the material on record and the contentions raised by the counsel. The crux of the matter is whether the Union Government, represented by its respective departments, is justified in allowing the importation of cut flowers exclusively through Chennai Airport. On one hand, the Petitioner argues that the directive is arbitrary, especially g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ious intercepted pests, thereby informing future quarantine procedures and policies. According to the DAC FW, a scrupulous examination of past interception records reveals a conspicuously high incidence of invertebrate pests-most notably Thrips, Aphids, and Scales- on imported cut flowers. Of these, Thrips has been classified as a quarantine pest and is globally recognized as one of the most economically damaging plant viruses. 28. In essence, the Respondents make the case that the increasing intricacy and scale of global agricultural trade warrant intensified scrutiny, specialized expertise, and a central hub for regulatory oversight. The identification of Thrips, in particular, serves as a cautionary tale, underscoring the economic and ecological ramifications should such pests gain entry into India s agricultural ecosystems, especially in regions with heightened floral production like the north. 29. The Respondents have compellingly spotlighted the escalated phytosanitary risks-specifically, the risk of introducing harmful exotic pests-associated with importing certain types of cut flowers. These risks, necessitate the allocation of specially-trained manpower and cutting-edge te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spp etc. are associated with high Phytosanitary risk, includes (i) Arabis mosaic virus (hop barebine), (ii) Ditylenchudipsaci (stem and bulb nematode) (iii) Smut (Sorosporiumspaonariae) (iv) Downy mildew (Peronosporadianthi, P.dianthicola) (v) Bacterial blight of Anthurium (Xanthomonasaxonopodispv dieffenbachiae) and (vi) Rust (Uromycesdianthi). Due to such high Phytosanitary risk associated with the import consignments of Cut flowers, the stringent Plant Quarantine inspections at point of entry followed by detailed lab testing are mandatory to safeguard Bio security of the Country. Therefore, deployment of trained technical man power with ultra-modern laboratory facilities are required for handling import consignments of Cut flowers. At present strengthening of trained technical man power, besides modernization of laboratory facilities are being undertaken. Due to which, the interceptions of various pests from the import consignments of Cut flowers have been reported at Chennai. In a phased manner efforts will be made to strengthen technical manpower and laboratory facilities to other ports, including Delhi. [Emphasis Supplied] 32. In a subsequent affidavit dated 17th April, 2023, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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