Back
1995 Supreme(Guj) 166
Gujarat High Court
Judgename :B.N.KIRPAL, H.L.Gokhale
CONSUMER EDUCATION AND RESEARCH SOCIETY - Appellant
Versus
UNION OF INDIA - Respondent
S.C.A. 13139 of 1993
Decided On : 03/24/1995
Headnote:
Wildlife (Protection) Act,1972 – Section 21 – Appeal challenge in these three matters is to validity of Notification issued Parliament and it came into operation on Act was extended to State a Notification was issued by State of Gujarat, 765. 79 sq. kilometers of land in of Kutch District was declared as a Wildlife of Act - Sanctuary is more commonly known as declaration of sanctuary was to be by a Notification and of the Act required the Notification to be published in the regional language in every town and village in or in neighborhood of area comprised and by virtue of provisions of no person could acquire any right in any of lands which form part of sanctuary - Operative part of Notification is as follows appears to Government of area limits of which are defined in Schedule is of adequate ecological faunal floral geomorphologic natural or zoological significance for purpose of protecting propagating and developing wild life and environment in exercise of powers conferred – Held, Court in the case dealing with question of locus stand public interest litigation was observed by Court contrast strict rule of locus applicable to private litigation is relaxed and a broad rule is evolved which gives right of locus stand to any member of public acting bona fide and having sufficient interest in instituting an action for redressal of public wrong or public injury but who is not a mere busy body or a meddlesome interloper dominant object of is to ensure observance of the provisions of Constitution or law which can be best achieved to advance cause of community or disadvantaged groups and individuals or public interest by permitting any person having no personal gain or private motivation or any other oblique consideration but acting bona fide and having sufficient interest in maintaining an action for judicial redress for public injury to put the judicial machinery in motion like action popularize of Roman Law whereby any citizen could bring such an action in respect of a public Court took note of the contention of the Counsels expostulating objectives of urged with vehemence and persistence that does not have any locus stand to initiate this litigation and as his petition is liable to be rejected even at threshold -Appeal was stay of Notification which Notification is now quashed by present judgment Special Civil application allowed quashing impugned Notification - Appeal allowed (Para 24)
( 1 ) THE challenge in these three matters is to the validity of the Notification issued by the State of Gujarat, which had the effect of cancelling the earlier Notification, under which a Wild life Sanctuary had been established under the Wildlife (Protection) Act, 1972.
( 2 ) THE facts of the case lie in a narrow compass. The aforesaid Wildlife (Protection) Act, 1972 (hereinafter referred to as "the said Act") was enacted by the Parliament and it came into operation on 9th of September, 1972. The said Act was extended to the State of Gujarat on 1st of February, 1973. On 14th of April, 1981, a Notification was issued by the State of Gujarat, whereby 765. 79 sq. kilometres of land in Lakhpat Taluka of Kutch District was declared as a Wildlife sanctuary under Sec. 18 (1) of the said Act. The sanctuary is more commonly known as the "narayan Sarovar Sanctuary". The declaration of the sanctuary was to be by a Notification and Sec. 21 of the Act required the Notification to be published in the regional language in every town and village in or in the neighbourhood of the area comprised therein, and by virtue of the provisions of sec. 20, no person could acquire any right in any of the lands which form part of the sanctuary. The operative part of the aforesaid Notification is as follows :-". . . . . . . WHEREAS it appears to the Government of Gujarat that the area limits of which are defined in the Schedule annexed hereto, is of adequate ecological, faunal, floral, geomorphological, natural, or zoological significance for the purpose of protecting, propagating and developing wild life and environment; now, therefore, in exercise of the powers conferred by Sec. 18 (1) of the Wild Life (Protection) Act, 1972 (53 of 1972), the Government of Gujarat hereby declares the forest area in the Lakhpat Taluka falling in Kachchh District specified in the schedule annexed hereto as a "wild Life Sanctuary. . . . . . . . "the Notification also includes a Schedule and reference is made to "the limits of the area intended to be declared as Wild Life Sanctuary". There is then a list containing the names of villages and boundaries thereof, which are included in the wild Life Sanctuary in the said Taluka of Lakhpat.
( 3 ) THE Parliament passed The Wild Life (Protection) Amendment Act, 1991 on 20th of September, 1991 and it came into force on 2nd of October, 1991. Some important provisions of the Act were amended, to which we shall revert to presently. Thereafter, on 27th of July, 1993, two Notifications were issued by the State of gujarat. By the first Notification No. GVN-16 (93)-WLP/1092/2156/v2, it was provided as follows :-". . . The Government has declared a Wild life Sanctuary in the Lakhpat Taluka of Kutch district, vide Agriculture, Forests and Co-operation Departments Notification No. AKH/62/81/wlp/1080/10872/p2, dated 14th April, 1981. The area of this Sanctuary is 765. 79 sq. kilometres. Since this area is substantially in excess of the requirements of the sanctuary, in exercise of powers conferred by Sec. 18 of the Wild Life (Protection) Act, 1972 read with Sec. 21 of the General Clauses Act, the Government of Gujarat hereby cancels the Agriculrure, Forests and Co-operation Departments Notification No. AKH/ 62/81/wlp/1080/ 110872/p2, dated 14th April, 1981. . . . . . "simultaneously, another Notification of the same date was issued which is as follows :-"no. GVN-17 (93)-WLP/1092-2156-V2.- Whereas it appears to the Government of gujarat that the area, the limits of which are defined in the Schedule annexed hereto is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance for the purpose of protecting, propagating and developing wild life and environment. Now, therefore, in exercise of powers conferred by Sec. 26-A (1) (b) of the Wild Life (Protection) Act, 1972, Government of Gujarat hereby declares the Reserve forest areas specified in Schedule I annexed hereto, as the Chinkara Wild Life S
