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2008 DIGILAW 499 (SC)

Centre for Envir. Law, WWF-I v. Union of India

2008-03-11

J.M.PANCHAL

body2008
ORDER : I.A. No. 101: 1. By this application, the applicant seeks permission to lay pipeline through the Kedarnath Wildlife sanctuary. The pipeline is being laid as a part of the drinking water scheme to villages Sari and Karokhi villages in District Rudraprayag with an estimated cost of Rs. 98.99 lacs. As it is for a benevolent purpose to provide drinking water and it is also submitted that it would not cause any harm to the wildlife in the sanctuary, the same is approved, subject to the sanction of the National Board for Wildlife. The applicant may furnish all the details to the National Board for Wildlife and the National Board for Wildlife may look into the same and pass necessary orders. 2. Application is disposed of accordingly. I.A. No. 103: 3. Post before the Forest Bench in the month of April, 2008. Meanwhile, the applicant is permitted to file the additional documents, if any. I.A. Nos. 104-105: 4. The applicant may furnish the entire proposals to the National Board for Wildlife within four weeks. Awaiting response from the National Board for Wildlife, list after six weeks. I.A. No. 106: 5. Six weeks time is granted for response of the National Board for Wildlife. I.A. No. 107: 6. Post along with the connected I.A. which is pending before the Forest Bench. 7. Learned counsel appearing for the State of Uttaranchal submits that the demarcation of the Askot Wildlife Sanctuary is pending consideration before the C.E.C. and any decision would be taken only after the response of the C.E.C. is received. 8. Adjourned by four weeks. I.A. No. 46-47, 51, 108 with I.A. 34: 9. The applicant Shri Sureshwari Devi Mandir Prabandhak Samiti seeks certain directions by way of these applications. The applicant contends that a temple by name Sureshwari Devi Mandir is situated inside the Rajaji National Park at Haridwar. It is alleged that the temple is of ancient origina and a lot of devotees are worshipping the temple. The applicant prays that regular poojas are being conducted in the temple and lot of devotees come everyday to offer prayers. The applicant prays that the poojas may be conducted and the devotees may be allowed to visit the temple. Learned counsel appearing for the State of Uttaranchal submitted that some people in the name of temple have erected structures and they are unauthorised. The applicant prays that the poojas may be conducted and the devotees may be allowed to visit the temple. Learned counsel appearing for the State of Uttaranchal submitted that some people in the name of temple have erected structures and they are unauthorised. She also contended that the temple is within the Rajaji National Park, permission to enter the sanctuary area could be restricted as per the provisions of Section 27 of the Wildlife Protection Act, 1972. If at all any permission is granted to stay in the temple premises for any purpose, permission is to be obtained from the Chief Wildlife Warden under Section 28 of the said Act. 10. The applicant would be at liberty to make suitable application within two weeks before the Chief Wildlife Warden giving out the details of the acts intended to be performed within the temple premises and the Chief Wildlife Warden may pass appropriate orders within a reasonable time. Till such time the pujari may carry on the regular poojas from 6.00 a.m. to 8.00 p.m. Any devotees entering the temple to conduct their prayers would be allowed to enter the temple premises. It is made clear that there shall not by any unauthorised constructions in the area. If there are any unauthorised structures other than the temple, the Chief Wildlife Warden or any other appropriate authority would be entitled to take any steps/action in accordance with law. 11. The applications are disposed of accordingly. I.A. Nos. 58-60: 12. Applications are rejected.