1. Heard.

2. Perusal of the affidavit filed by Respondent No. 2 go to show that there is inconsistency of stand taken by Respondent No. 2 in resolution to status of Castor oil viz-a-viz Bio Diversity Act, 2002 and Rules thereunder. On one hand, it is stated in affidavit of Respondent No. 2 that the plants are agricultural crop, whereas on the other hand, it is stated that under the proposed notification of 2015, which is before the MoEF, there is recommendation to delete the plants of Castor oil from the list of the category of items mentioned in column No. 2 i.e. the plants covered by Bio-Diversity Act, 2002. It appears that the proposed notification indicates at Sr. No. 42-a and 42-b Castor Seed and caster pad as the items required to be excluded from such category. It is of common knowledge that Castor oil seeds, derived from the pads are used for extraction of castor oil which is used in several Ayurvedic medicines and other medicinal purposes. It prima facie appears that some of the oil companies are already served with notices by Respondent No. 2 for extraction of oil from the seeds of Castor and therefore, in presenting the exclusion class, cannot be assumed.

3. We are sorry to say, the Respondent No. 2 has projected hazy-picture, which is inconsistent. Also while arguing the matter, there was much confusion created about implementation of the Act and we deprecate the practice and clearly makes the sky-azure to the authorities concerned for taking due hint and appropriate steps for taking proper efforts to present the case in clear manner before the Tribunal. The affidavit filed before the Honble High Court of Bombay, Bench at Aurangabad in Writ Petition No. 107/2013 shall also be placed on record alongwith orders, if any. The Application to be heard finally on 19th August, 2015.

Stand over to 19th August, 2015.