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S.N.PHUKAN, G.T.NANAVATI
Consumer Education And Research Society – Appellant
Versus
Union Of India – Respondent
The court upheld the reduction of the sanctuary area, emphasizing that the decision was made in the overall public interest and after thorough deliberation, considering environmental and developmental needs (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) . It directed controlled exploitation of mineral resources, ongoing environmental monitoring, and comprehensive studies to balance ecological preservation with economic development.
ORDER
G.T. Nanavati, J.-In this appeal leave petition the judgment and order passed by the High Court in Special Civil Application No. 6707 of 1995 is challenged. The petitioner had filed the writ petition challenging the government notification dated 9.8.1995 and the resolution dated 27.7.1995 passed by the State Legislature reducing the area of "Narayan Sarovar Chinkara Sanctuary" from 765.79 Sq. K.M. to 444.23 Sq. K.M. The High Court dismissed that petition.
2. On 14.4.1981 the Government of Gujarat, in exercise of the powers conferred by Section 18(1) of the Wild Life Protection Act, 1972, declared a part of the forest area in Lakhphat Taluka of Kutch District as a "Wild Life Sanctuary". The total area of the sanctuary was 765.79 Sq. K.M. On 27.7.1993 it cancelled that notification and issued another whereby only a part of the said reserved forest was declared as the "Chinkara Wild Life Sanctuary". The area so declared was 97.87 Sq.K.M. The said two notifications were challenged by the petitioner by filing writ petitions in the Gujarat High Court. The High Court quashed both those notifications. The result was that the earlier notification dated 14.4.1981 was revived. Thereafter
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