Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2005 Supreme(SC) 1758

SUPREME COURT OF INDIA
Y.K. Sabharwal, Arun Kumar, B.N. Srikrishna, JJ.
Centre for Envir. Law, WWF-I - Petitioner
Versus
U.O.I. and others - Respondents
I.A. Nos.13, 27, 33-37, 38-41, 43-55, 57-61, 63, 65, 67 in I.A. No. 2, 69-71, 73-74, 76 in 67 in Writ Petition (Civil) No. 337 of 1995
Decided On : 26-07-2005

Advocate Appeared:
For the Petitioner:Mr. Raj Panjwani and Vijay Panjwani, Advocates.
For the Respondent:Aruneshwar Gupta, Addl.AG., Rajasthan Mr. Naveen Kumar Singh, Advocates.

Compliance with court orders and the importance of providing up-to-date information on the progress made in legal processes.

Headnote:
Wildlife Protection Act - Interlocutory Applications - Summary of Court Orders for Filing Responses and Reports
Fact of the Case:

The court issued a series of orders for filing responses and reports in relation to various interlocutory applications.
Finding of the Court:

The court directed the filing of responses and reports within specified time frames for different interlocutory applications.
Issues: The main issue was the compliance with the court's previous order regarding the proclamation under Section 21 of the Wildlife (Protection) Act and the completion of the process of determination of rights and acquisition of land or rights.
Ratio Decidendi: The court emphasized the importance of compliance with its previous order and directed the concerned parties to provide up-to-date information on the progress made in the process of determination of rights and acquisition of land or rights.
Final Decision: The court ordered the preparation of a brief note by the learned counsel to provide an up-to-date position on the matter for consideration on the next date of hearing.

JUDGMENT :

Y.K. Sabharwal, J.

I.A. No.13:

1. List the interlocutory applications after six weeks.

I.A. No.27:

2. Further time is sought on behalf of the Union of India to file the response. Let it be filed within four weeks.

3. List the application thereafter.

I.A. No.33:

4. Report of the Standing Committee of the National Board for Wild Life shall be supplied to Mr. Raj Panjwani, learned advocate, and the learned advocate for the State of Maharashtra.

I.A. No.35:

5. Let the Union of India file its response within four weeks.

6. List the application thereafter.

I.A. No.53:

7. Mr. A.D.N. Rao, learned counsel, states that the Standing Committee for the National Board for Wild Life has rejected the proposal of the State Government. Let a copy of the Report be given to the learned advocate for the State, who would be at liberty to file response within four weeks.

I.A. No.36:

8. The Ministry of Environment and Forests is granted four weeks' time to file its affidavit.

I.A. Nos. 54-55:

9. Mr. A.D.N. Rao, learned counsel, states that the Standing Committee of the Board has rejected the proposal. Let a copy thereof be supplied to the learned counsel for the applicant and also be placed on record. Let the State to it respond within four weeks.

10. List the applications thereafter.

I.A. No.57:

11. Mr. A.D.N. Rao, learned counsel, states that the Report of the Standing Committee is awaited.

12. List the application after eight weeks.

I.A. No.37:

13. Mr. A.D.N. Rao, learned counsel, states that the site inspection has been done and certain conditions have been imposed by the Standing Committee. Let the same be placed on record with a copy to the learned counsel for the State who may file response within four weeks.

I.A. No.52:

14. The application is adjourned.

I.A. No.61:

15. It is stated that in terms of order dated 30th August, 2004, a sum of Rupees five crores have been deposited. No further orders are required to be passed on this application. It is disposed of accordingly.

I.A. No.63:

16. Mr. A.D.N. Rao, learned counsel, states that the Report is awaited.

17. List the application after eight weeks. I.A. Nos.34,38,39,40,41,48-50,I.As.46,47,51, I.As.43, 44,45 and I.As.58-60:

18. List the applications after eight weeks.

I.A. No.65:

19. The Report of the Standing Committee is awaited.

20. List the application after eight weeks.

I.A. No.67:

21. The Central Empowered Committee has filed its recommendation which has been registered separately as I.A. No.76. The learned counsel for the Corporation seeks four weeks' time to file its response. Ordered accordingly.

22. List the application along with I.A. No.76 after four weeks.

I.A. Nos.69-71:

23. List the applications along with I.A. No.34.

24. Response of the State of Uttaranchal may be filed within four weeks.

I.A. No.73:

25. The matter is still to be placed before the Standing Committee of the Board.

26. List the application after eight weeks.

I.A. No.74:

27. The application is referred for consideration to the Standing Committee of the National Board for Wild Life.

28. List the application after eight weeks.

I.A. No.75:

29. The application is referred for consideration to the Standing Committee of the National Board for Wild Life. It shall also be considered by the Central Empowered Committee. The Central Empowered Committee and the Board shall independently examine and file their Reports within eight weeks.

I.A. No.77:

30. The matter is referred to the Standing Committee of the Board.

31. List the application after receipt of the Report.

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32. Mr. Raj Panjwani, learned counsel, has drawn our attention to the order passed by this Court on 22nd August, 1997 whereby the State Governments and Union Territories were directed to issue proclamation under Section 21 of the Wild Life (Protection) Act in respect of sanctuaries/National Parks within two months and complete the process of determination of rights and acquisition of land or rights as contemplated by the Act within a period of one year.

33. The learned counsel submits that for some

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