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2001 DIGILAW 781 (SC)

Navin M. Raheja v. Union of India

2001-04-09

A.S.ANAND, BRIJESH KUMAR, R.C.LAHOTI

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JUDGMENT : 1. On 22nd January, 2001 we had adjourned the matter at the request of the learned Solicitor General to place on record suggestions for improvements and management of zoos in the light of the decisions taken in the meeting of the State Secretaries held on 27.11.2000. The minutes of the said meeting had been placed on record with the affidavit of Shri P.R. Sinha, Member Secretary, Central Zoo Authority. Learned Solicitor General has filed an affidavit on 22nd March, 2001 in which certain suggestions have been made for better management of zoos aimed at protecting animals and assuring quality life for animals in captivity. 2. Learned counsel for the petitioner submits that the suggestion made by the learned Solicitor General merit acceptance but with a view to see that the suggestions are put into effect and properly implemented appropriate directions may have to be given keeping in view the provisions of various relevant statutes. 3. At the request of learned counsel for the parties, let this matter be listed on a Non-miscellaneous Day, after three weeks, for consideration of the suggestions for improvement in the management of zoos and the connected issues. I.A. No. 2 4. Through this application, the petitioner has drawn attention of the Court to construction of a road connecting Kotdwar and Ramnagar. It is stated that this road passes through Corbett Tiger Reserve and that for the construction of the road, the Government of State of Uttaranchal has already taken steps and fell thousands of trees. Till we take up this application for further consideration, we direct the Government of State of Uttaranchal to stay construction of the road passing through Corbett Tiger Reserve. We clarify that in case the road can be constructed without in any way passing through the Corbett Tiger Reserve or affecting it as such, the restraint placed by us shall not come in the way of State of Uttaranchal to carry on the construction work of the road. We further direct that no tree whatsoever shall be felled in the Corbett Tiger Reserve by the State or anyone else. The State of Uttaranchal is represented by Mr. Dinesh Dwivedi, learned senior counsel. He is directed to convey the direction given by us to the State Government forthwith. Response to the I.A. be also filed in three weeks. 5. We further direct that no tree whatsoever shall be felled in the Corbett Tiger Reserve by the State or anyone else. The State of Uttaranchal is represented by Mr. Dinesh Dwivedi, learned senior counsel. He is directed to convey the direction given by us to the State Government forthwith. Response to the I.A. be also filed in three weeks. 5. Secretary, Ministry of Environment and Forest, Union of India is directed to place on record, through an affidavit the proposal and the comments of the said Ministry with regard to the construction of road connecting Kotdwar and Ramnagar by the next date.