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1998 DIGILAW 84 (SC)

CENTRE FOR ENVIRONMENTAL LAW, WWF-I v. UNION OF INDIA

1998-01-16

A.P.MISRA, S.C.AGRAWAL

body1998
ORDER Regarding constitution of Wildlife Advisory Boards 1. From the affidavits that have been filed after the passing of the order dated 7 -1l-1997t it appears that the Boards have been constituted in all the States/Union Territories. Regarding appointment of Honorary Wildlife Warden 2. Affidavits have been filed by the States concerned which show that except the national capital territory of Delhi, Honorary Wildlife Wardens have been appointed in the other States/Union Territories. The learned counsel appearing for Delhi State states that the process for appointment is going on and the order for appointment would be issued within four weeks. 3. In our order dated 7-11-1997 we had noticed that only one Honorary Wildlife Warden had been appointed in the State of Uttar Pradesh even though there are a large number of districts. The learned counsel for the State had stated that the process for appointment of Honorary Wildlife Wardens for the districts was going on and that such appointments shall be made within four weeks. Shri R.C. Verma, the learned counsel for the State, states that it has not been possible to make the appointments on account of the impending general election and the model code of conduct. He prays for six weeks further time for making the appointment. We are not satisfied that this is a proper justification for not taking action in the matter of appointment of the Honorary Wildlife Wardens. We, however, give four weeks time to the State Government to make such appointments. Regarding issuance of proclamations under Section 21 of the Act 4. We find that the requisite steps for issuance of such proclamations have not been taken in a large number of States. Andhra Pradesh 5. In Andhra Pradesh there are four national parks but no proclamation has been issued in respect of any of them. There are 20 sanctuaries. In the affidavit filed on behalf of the State it is admitted that proclamation has not been issued in respect of 7 sanctuaries. As regards 5 sanctuaries no information has been given as to whether proclamation has been issued or not. Arunachal Pradesh 6. In the State of Arunachal Pradesh out of 10 sanctuaries final notification has been issued in respect of 8 sanctuaries. But no information has been given as to whether proclamation has been issued in respect of the remaining 2 sanctuaries. Gujarat 7. Arunachal Pradesh 6. In the State of Arunachal Pradesh out of 10 sanctuaries final notification has been issued in respect of 8 sanctuaries. But no information has been given as to whether proclamation has been issued in respect of the remaining 2 sanctuaries. Gujarat 7. There are 4 national parks and 21 sanctuaries in the State of Gujarat. In the affidavits that have been filed on behalf of the State all that is stated is that initial notifications have been issued but the nature of the notification has not been disclosed. It is not clear as to whether the proclamations under Section 21 have been issued or not in respect of the national parks and the sanctuaries. Haryana 8. In the State of Haryana there are sanctuaries. Final notification has been issued in respect of one sanctuary. It is stated that proclamation is not required to be issued in respect of 4 sanctuaries which are situate in the reserve forest. No information has been given regarding issuance of proclamation for the remaining sanctuaries. Kamataka 9. In the State of Kamataka there are 5 national parks and 19 sanctuaries but in the affidavits that have been filed on behalf of the State no information has been furnished with regard to issuance of proclamation under Section 21 or the issuance of the final notification. Manipur 10. In the State of Manipur there are 2 national parks and 3 sanctuaries. Final notification has been issued in respect of one national park. There is no information as to whether a proclamation has been issued or not with respect to the other national park. Proclamation has not been issued in respect of the 3 sanctuaries. Nagaland 11. There is 1 national park and 2 sanctuaries. In the affidavit filed on behalf of the State no information has been given as regards the issuance of a proclamation or the final notification in respect of the same. Rajasthan 12. There are 2 national parks and 25 sanctuaries. Proclamation has not been issued in respect of 12 sanctuaries. Tamil Nadu 13. There are 5 national parks and 17 sanctuaries. Proclamation has not been issued for any of them. Tripura 14. There are 4 sanctuaries in the State of Tripura. Proclamation has not been issued in respect of any of them. Uttar Pradesh 15. There are 7 national parks and 29 sanctuaries in the State of Uttar Pradesh. Tamil Nadu 13. There are 5 national parks and 17 sanctuaries. Proclamation has not been issued for any of them. Tripura 14. There are 4 sanctuaries in the State of Tripura. Proclamation has not been issued in respect of any of them. Uttar Pradesh 15. There are 7 national parks and 29 sanctuaries in the State of Uttar Pradesh. Final notification has been issued in respect of 6 national parks. Proclamation has not been issued in respect of one national park. Proclamation has not been issued in respect of any of the 29 sanctuaries. West Bengal 16. There are 5 national parks and 15 sanctuaries. Final notification has been issued in respect of 3 national parks. Proclamation has not been issued for two national parks as they are forest land. 13 out of 15 sanctuaries are on the forest land for which no proclamation is required. No information has been given as to whether the 2 sanctuaries are on the forest land and if not whether proclamation has been issued or not. Andaman and Nicobar 17. There are national parks and 95 sanctuaries. Final notification has been issued in respect of 7 national parks. Proceeding has been pending in respect of the remaining two as marine national parks. Proclamation has not been issued in respect of 4 sanctuaries. Chandigarh 18. There are 2 sanctuaries. Proclamation has not been issued in respect of one sanctuary. Ms Kamini Jaiswal, the learned counsel appearing for the Administration of the Union Territory of Chandigarh, states that proclamation has not been issued in respect of the said sanctuary for the reason that it lies within the reserve forest and proclamation is not required to be issued. Goa 19. There is one national park and 4 sanctuaries. From the affidavits filed on behalf of the State it is not clear as to whether proclamation under Section 21 has been issued in respect of the national park. Proclamation under Section 21 has been issued in respect of 2 sanctuaries but it has not been issued for the remaining 2 sanctuaries. It is not clear as to whether proclamation is required in respect of those sanctuaries or not. Delhi 20. There is 1 sanctuary but proclamation has not been issued. Lakshadweep 21. There is 1 sanctuary but proclamation has not been issued. Daman and Diu 22. It is not clear as to whether proclamation is required in respect of those sanctuaries or not. Delhi 20. There is 1 sanctuary but proclamation has not been issued. Lakshadweep 21. There is 1 sanctuary but proclamation has not been issued. Daman and Diu 22. In the Union Territory of Daman and Diu there is 1 sanctuary but proclamation has not been issued. 23. It would thus appear that in the States/Union Territories referred to above proclamations under Section 21 have not been issued in respect of several national parks and sanctuaries. By our order dated 22-8-1997 we had directed the State Government/Union Temtory Administration concerned 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 under the Act within a period of 1 year. 24. By our order dated 7-11-1997 further time of two months was granted to take steps in that regard. It is a matter of regret that in spite of the aforesaid directions of this Court the State Governments and the Administration of the Union Territories referred to above have not taken the necessary steps for issuing the proclamation under Section 21 in respect of the national parks/sanctuaries. Although, we had directed that in the event of failure to comply with the said directions, contempt proceedings will have to be initiated against the State Government/Union Territory Administration concerned, we are giving a last opportunity to the State Government/Union Territory Administration concerned to take steps to issue the requisite proclamation under Section 21 of the Act in respect of the national parks/sanctuaries for which such proclamation is required to be issued under the Act within a period of six weeks. It is, however, made clear that in the event of failure to comply with this direction contempt proceedings will be initiated against the person/persons responsible. The States/Union Territories concerned shall file affidavits regarding compliance by 16-3-1998. 25. By our order dated 22-8-1997 we had directed that contempt notices be issued to the respective Chief Secretaries of the States/Union Territories concerned who have not filed the affidavit as directed by this Court. Shri B.B. Singh, the learned counsel appearing for the State of Bihar, has filed the affidavit explaining the position. 25. By our order dated 22-8-1997 we had directed that contempt notices be issued to the respective Chief Secretaries of the States/Union Territories concerned who have not filed the affidavit as directed by this Court. Shri B.B. Singh, the learned counsel appearing for the State of Bihar, has filed the affidavit explaining the position. Keeping in view the aforesaid affidavit, the contempt proceedings initiated against the Chief Secretary of the State of Bihar are dropped and the contempt notice is discharged. The contempt proceedings are also dropped against the Chief Secretary of the State of Manipur and the contempt notice is discharged. 26. List after two months. Court Masters