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2017 Supreme(Bom) 1667

B.P.DHARMADHIKARI, SWAPNA JOSHI
Jerryl Avinash Banait – Appellant
Versus
State of Maharashtra Through its Principal Secretary Department of Forest Mantralaya – Respondent


Advocates Appeared:
For the Petitioner:Tushar Mandlekar, Rohan Malviya, Advocates
For the Respondents:K.N. Shukul, Ketaki Joshi, AGP., U.M. Aurangabadkar, Mugdha Chandurkar, Mugdha Chandurkar, Advocates
For the Intervenor :A.A. Naik, Advocate

JUDGMENT :

B.P. Dharmadhikari, J.

1. Rule. Rule, made returnable forthwith. Heard finally.

2. In Public Interest Litigation No.69/2017, the petitioner has taken up this Application questioning the order dated 9.10.2017 passed by Chief Wildlife Warden & Principal Chief Conservator of Forests (Wildlife), Maharashtra State, Nagpur, under Section 11 (1)(a) of the Wild Life (Protection ) Act, 1972 (hereinafter referred as “the Act”). By said order in accordance with Section 11(2) of the said Act, permission has been given to destroy tigress (Cub-1 of T-27) and order is remained valid till 20th October, 2017. The impugned order also directs that, however, all efforts to tranquilize the tigress shall also continue.

3. It needs to be noted that this is the third order against the said tigress. Earlier order passed on 23.6.2017 was quashed by this Court on 29.6.2017. Tigress was, then, in captivity since 27.6.2017 and released on 29.7.2017.

4. Adv. Mandlekar submits that the impugned order overlooked the fact that tigress has been validly released into wild on 29.7.2017 and hence instances of human confrontation or deaths before such release are now not relevant. After 29.7.2017, first death is





























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