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2015 Supreme(Gau) 854

IN THE HIGH COURT OF GAUHATI
MR. K. SREEDHAR RAO And P. K. SAIKIA, JJ.
In re Kaziranga National Park
Versus
Union of India - Respondent
PIL(suo motu) 66/2012, 67/2012, and WP(C) 648/2013 and 4860/2013
Decided On : 9.10.2015

Advocates Appeared:
For the petitioner:Sri S. Upadhay Advocate
For the respondent:Sri AC Buragohain Advocate-General. Sri KN Choudhury Sr. Advocate Sri SS Dey Sr Advocate
For the Union of India : Sri SC Keyal Asstt. Solicitor-General.

Headnote:

Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Act, 2006 - Forest Conservation Act, 1980 - Section 2(i) - Wild Life(Protection) Act, 1972 - Sections 26A and 35 - law eviction - Adequate and secure habitat which is very badly in need of extension - Court suo motu registered a PIL to inquire into news report regarding illegal poaching and killing of wild animals in is filed by one on same subject matter with an additional relief of removal of human habitation and encroachment in animal corridors in and around KNP - In that view it is submitted that without formal compliance of requisites of law eviction of residents is illegal - Therefore they seek a writ of mandamus directing respondents to complete process of settlement of rights under Wildlife Protection Act in pursuance of notifications issued as addition Wildlife Protection Act and to constitute statutory committees under Forest Rights Act to ensure that no eviction takes place without due process of law – Held, In instant case any rigid and technical view would only harm and endanger the wildlife of KNP - Jurisdiction of this Court under Article Constitution is quite wide - Petitioners who have approached this Court have no right over land and their claims have been adjudicated that final notification in respect and fifth additions is not issued is not a ground for petitioners to overstay on land when their claims are adjudicated - There is also provision under Land Acquisition Act that in urgent situations possession of land is taken and later on adjudication of compensation procedures are followed - In that view of matter even if final notification is not issued since claims of persons of third and fifth additions are adjudicated they cannot claim right to stay in land - writ petition is dismissed

JUDGMENT

Mr. K. Sreedhar Rao

The news concerning the illegal poaching of rhinoceros and other wild animals in the Kaziranga National Park (KNP) was widely reported in three English dailies ~ The Telegraph dated 28th and 29th September, 2012, The Indian Express dated 27th September, 2012, and The Hindu dated 27th September, 2012 .

2. This Court suo motu registered a PIL (no.66/2012) to inquire into the news report regarding illegal poaching and killing of wild animals in the KNP. PIL 67/2012 is filed by one Mrinal Saikia on the same subject matter with an additional relief of removal of human habitation and encroachment in the animal corridors in and around the KNP.

3. The eight residents of the second addition of the KNP filed 4860/ 2013 contending that before the second addition is added to KNP the requisite formalities as required under Sections 26A and 35 of the Wild Life(Protection) Act, 1972 and the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Act, 2006(in short, the Forest Rights Act of 2006) have not been complied. In that view it is submitted that without formal compliance of the requisites of law the eviction of the residents is illegal. Therefore they seek a writ of mandamus directing the respondents to complete the process of settlement of rights under the Wildlife Protection Act in pursuance of the notifications issued as “additions” under the Wildlife Protection Act and to constitute statutory committees under the Forest Rights Act to ensure that no eviction takes place without the due process of law.

4. This Court by order dated 4th March, 2014 passed the following order on 4.3.2014 directing the Director of KNP to submit a detailed report about the geographical features, the flora and fauna, the animal life, the contributory reasons, which is aiding the poaching and illegal activities and also to give long-term solutions to remedy the ills affecting the Park.

HON’BLE MR JUSTICE A. M. SAPRE, THE CHIEF JUSTICE

HON’BLE MR. JUSTICE A. K. GOSWAMI

04.03.2014.

A.M.Sapre, J.

Today we have heard the views of Mr M.K.Yadav, Director, Kaziranga National Park, who is present in person and also heard the views of several learned counsel appearing for various organisations and stakeholders on the various problems faced by Kaziranga National Park and in particular with regard to poaching of rhinos which has caused serious concern to all.

Mr. Yadav, Director, Kaziranga National Park, submitted that sincere steps are being taken to curb poaching at any cost. He also submits that Government be granted around two months time to prepare high quality methodical report to suggest various proposals for curbing poaching on a permanent basis and also on related issues dealing with the Park and to preserve the endangered species “Rhino”.

We express our serious concern about the incidences of poaching in Kaziranga National Park which have recently taken place and are taking place from time to time, we view it seriously. At any cost, in our view, the same must be stopped at the earliest to save the nature’s most priceless and precious endangered species “Rhino”. Indeed, it is our duty to preserve this God’s gift to this world at any cost.

We grant two months time to the Director, Kaziranga National Park to submit the detail report on or before the next date of hearing suggesting therein the effective and remedial steps for implementation to curb poaching of “rhinos” n the Kaziranga National Park. He is at liberty to take help of all stakeholders, organisations, parks all over the world for preparation of report.

We request Mr Yada, Director, Kaziranga National Park, to remain present on every date of hearing to facilitate the hearing on the matter.

List on 26th of May, 2014”.

5) The Director of the KNP pursuant to the said order has gone into the issue and submitted a detailed report in a book form containing 402 pages. The brief description of the contents of the book is as follows.

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