Centre for Environmental Law, WWF-I v. Union of India
1997-08-22
G.T.NANAVATI, S.C.AGRAWAL
body1997
DigiLaw.ai
JUDGMENT : 1. In the order July 7; 1997 it was observed that some of the States had not filed affidavits it pursuance of the order dated March 25,1997. By the said order four weeks time was granted to the concerned States to file the affidavits and it was also indicated that in the event of failure to do so, contempt proceedings will have to be initiated against them. So far affidavits have not been filed on behalf of the States of Assam, Andhra Pradesh, Bihar, Goa, Jammu and Kashmir, Kerala, Manipur and Nagaland and the Union Territory of Andaman and Nicobar Islands. The learned counsel appearing for the State of Assam states that he will be filing the affidavit during the course of the day. He is permitted to do so. Since affidavits have not been filed on behalf of the other States referred to above, it is directed that contempt notices be issued to the respective Chief Secretaries of the concerned States/Union Territory. Their personal presence is not necessary for the present. 2. A perusal of the affidavits that have been filed on behalf of the States and the Union Territories shows that in some of the states Wild Life Advisory Boards have either not been constituted or were constituted earlier and after the expiry of the term of the Board, that was constituted, there has been no reconstitution of the Board. In the States in which Wild Life Advisory Board has not been constituted or where the Board had earlier been constituted but the term has expired and the board has not been reconstituted, necessary steps should be taken to constitute/reconstitute the Wild Life Advisory Board within a period of two months. 3. As regards the appointment of Wild Life Wardens, we find that in some States Wild Life Wardens have not been appointed at all while in some States Wild Life Wardens have been appointed for some areas but have not been appointed for other areas. It is directed that the concerned State/Union Territory shall take the necessary steps to appoint Wild Life Wardens for all the areas with in a period of two months. 4.
It is directed that the concerned State/Union Territory shall take the necessary steps to appoint Wild Life Wardens for all the areas with in a period of two months. 4. Even though notifications in respect of sanctuaries/national parks have been issued under section 18/35 in all States/Union Territories, further proceedings as required under the Act i.e. issue of proclamation under section 21 and other steps as contemplated by the Act have not been taken. The concerned State Governments/Union Territories are directed to issue the proclamation under section 21 in respect of the sanctuaries/national parks within two months and complete the process of determination of rights and acquisition of land or rights as contemplated by the Act within a period of one year. 5. As regards de-notification of any area which is included in a sanctuary/national park, it is directed that before placing the proposal before the Legislative Assembly the concerned State Governments shall refer the proposal to the Indian Board for Wild Life for its opinion and the proposal shall be placed for consideration before the Legislative Assembly alongwith the opinion of the Indian Board for Wild Life. 6. In order to effectively control the growing increase of poaching in the sanctuaries/national parks the Central Government as well as the Governments of the States/Union Territories are directed to ensure that the forest guards in the sanctuaries/national parks are provided modern arms, communication facilities, viz. wireless sets and other necessary equipments in that regard. Necessary steps for that purpose shall be taken within six months. 7. List on 17.10.1997 for final disposal.