IN THE HIGH COURT OF DELHI AT NEW DELHI
HON'BLE MR. JUSTICE G.S.SISTANI
SAMIR THAPAR ..... Petitioner
Versus
UNION OF INDIA & ORS. ..... Respondents
W.P.(C) 17087/2004
Delivered on: 9th April, 2010
1. By the present petition filed under Article 226 of the Constitution of India, petitioner has invoked the extra-ordinary jurisdiction of this Court and seeks a direction to respondents no.3 and 4 to issue a No Objection Certificate for importing one animal trophy from the Republic of Tanzania, for his personal use.
2. Brief facts, which have led to filing of the present petition, as stated in the petition, are that the petitioner had visited Republic of Tanzania for a holiday and he went on a hunting spree to Farms of Solaces Game Reserves from 24th July to 31st August, 2001. During the course of hunting the petitioner hunted various species under a valid hunting permit granted to the petitioner by the Government of Tanzania, as detailed below:
Sl. No. Species Zoological Name No.
1. Hartebeest Alcelaphus B. Lichteinsteini 2
2. Warthog Phacochoerus Asthiopicus 2
3. Hyaena Crocuta Crocuta 1
4. Impala Aepyceros Melampus 2
5. Lion Pathera (Felis) Leo 1
6. Wildbeest Connochaetes taurinus taurinus 2
7. Buffalo Syncerus Caffer Caffer 1
8. Zebra Equus Burcechelli 2
9. Bushpig Potamochoerus porcus 1
10 Hippo Hippopotamus amphibious 1
11. Bushbuck Tragelphus scriptus 1
12. Eland Taurotragus oryx 1
13. Greater Kudu Strepsiceros strepsiceros 1
14. Duiker Sylvicapra gimmia 1
15. Leopard Fathera (Felis) pardus 1
3. The petitioner, in support of his claim that he had visited Tanzania and had also been on a hunting spree, produced before respondents no.3 and 4 a letter dated 8.07.2002 issued from Luke Samaras Safaris Limited, Tanzania, as well as letter dated 17.07.2002 from the Ministry of Natural Resources and Tourism, United Republic of Tanzania, stating that the species hunted by him were legally acquired and supported the claim for importation into India, CITES permit for lion, hypo and leopard. Other species do not attract provisions of CITES. Expert?s certificates dated 12.11.2001 and 05.11.2001 from the United Republic of Tanzania as well as the hunting permit were also produced. On his return to India, petitioner made an application for grant of a no objection certificate for import and clearance of hunting trophies to the Deputy Director, Wildlife Regional Office (NR), respondent no.3, Ministry of Environment and Forests, Bikaner House, New Delhi, on 02.08.2002.
4. Along with the application, petitioner furnished all the necessary documents to substantiate his claim for bringing into India the said articles and trophies and applied for grant of a no objection certificate? for clearance of the said articles and trophies to be kept by the petitioner in his house for personal use. The petitioner also made an application on the same date i.e. 02.08.2002 to respondent No.4 bringing to its notice the claim of the petitioner that on a hunting spree in the republic of Tanzania between July 24 to August 13, 2001 petitioner had hunted animals, and prayed for a no objection certificate for clearance of the articles to enable him to keep the articles and trophies for his personal use. In this communication the petitioner also pointed out that he had already made an application to respondent No.3 for the said purpose. It is submitted that petitioner received a communication from the office of the Deputy Conservator of Forests and Wild Life Officer, Govt. of NCT of Delhi by which a no objection certificate being No.F.30 (291)/CWL-99/297-298 dated May 27, 2003 with reference to petitioner?s application dated 02.08.2002 and application of 18.03.2003 was granted and petitioner was permitted to import the trophies from Tanzania to India under hunting permit no.05390. The petitioner was informed that the Office did not have any objection to the import of the said articles, subject to following conditions inter alia:
"(1) Permission from the Regional Deputy Director (NR), Wildlife Preservation, Government of India, Bikaner House, Shahjah
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