Suo Motu Action By The High Court In A Matter Relating To Fresh Water Dolphin v. State Of Bihar
2001-01-27
AFTAB ALAM, RAVI S.DHAVAN
body2001
DigiLaw.ai
Judgment 1. This matter is on a suo motu action by the Court. The Court has expressed its concern when notice was issued initially on 27 April, 2001 that the Gangetic Dolphin found within the territory of Bihar in the river Ganges and its tributaries is endangered. The Court has no hesitation in expressing that the Gangetic Dolphin is as endangered species. The Court mentions this because of the total apathy and disregard by the Government of Bihar of a plan announced but never implemented. Thus, any public plan which was announced by the Government of Bihar 11 years ago is nothing but a platitude. By a Government notification no. S.O. 382 dated 7 August, 1991 the State Government had announced that the area between Sultanganj to Kahalgaon within the stretch of the river Ganges is being declared as a sanctuary for the purpose of preservation of Gangetic Dolphin. The announcement was made but the plan remained a dead letter. 2. Any aspect on the protection of the dolphin was energised when the Court issued notice to the State of Bihar and the Union of India. The Union of India filed an affidavit on behalf of the Ministry of Environment and Forest, Government of India, intimating to the Court that all that was being done by the Government of Bihar was virtually filepushing. When notice was issued by the Court, hurriedly the Government of Bihar sent a proposal on 14 May, 2001 seeking financial assistance on a programme to protect the dolphin. The Government of India was intimated that the Government of Bihar would need funds for purchase of a motor boat and other vehicles and expenses for maintaining it. No sooner the Government of Bihar asked for these funds, the Government of India sanctioned them. The Government of Bihar was cautioned that the recurring expenditure would be on the Government of Bihar. The Government of India has also stated on an affidavit that it is keen to provide financial assistance to State Government for maintenance of National Parks and Sanctuaries. 3. The Government of India states that the monies which are given to the Government of Bihar for environment protection and ecology are not utilised and of about rupees 43 lacs which was sanctioned about rupees 24 lacs lapsed as unutilised and now has been put for revalidation.
3. The Government of India states that the monies which are given to the Government of Bihar for environment protection and ecology are not utilised and of about rupees 43 lacs which was sanctioned about rupees 24 lacs lapsed as unutilised and now has been put for revalidation. This is a sad story which apparently is the pattern in virtually every department of the Government of Bihar. The programme for protecting the dolphin is no exception. 4. Even today, all that this Court can say is to record the fairness of Additional Advocate General No. 2 Mr. S.K. Ghose to acknowledge that no plan worth the name has been chalked out to place before the Court or the public as a consequence of creating the sanctuary in 1991 except creating a record that the area of the dolphin be treated as a biosphere. But plans need funds for implementation. The funds were allowed to lapse. 5. Thus, the effort of the Government of Bihar to protect the Dolphin in the last 11 years is virtually zero. After notice was issued some pamphlets were distributed along the stretch of the river to educate the fishermen and slides were shown in Cinema Halls. But when the Court asked for the plan, learned Additional Advocate General indicated that there is none that can be presented and in fact sought time so that he may ask the State Government to make out a plan. 6. The Court can only express its concern that the Government of Bihar is paying lip service to the obligation of the Constitution of India as referred to in Article 48A to have regard for the environment and wild life and further to take up the task as referred to in Article 51A (G), as "Fundamental Duties." 7. On the next occasion the Court expects that there would be a plan, a concrete scheme for all times to come, to protect this endangered species the Gangetic Dolphin wherever it swims in the stretch of the river in the State of Bihar. The plan must be complete to be implemented as an administrative injunction. 8.
On the next occasion the Court expects that there would be a plan, a concrete scheme for all times to come, to protect this endangered species the Gangetic Dolphin wherever it swims in the stretch of the river in the State of Bihar. The plan must be complete to be implemented as an administrative injunction. 8. As this matter is one of urgency and no scheme had been formulated in the last 11 years, as formally announced by a Government notification, the Court wll post this matter after one week and will expect that a plan to create a biosphere in the area of the dolphin wll be before the Court on the next occasion. 9. List after a week.