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2004 Supreme(Raj) 719

Rajasthan High Court, Jaipur Bench
Honble ANIL DEV SINGH CJ. & K.S. RATHORE, J.
Om Prakash Choudhary & Another - Appellant
Versus
State of Rajasthan & Others - Respondents
D.B. Civil Writ Petition No. 2183 of 2003
Decided On : August 04, 2004

Advocates Appeared:
R.D. Rastogi, for Petitioners Bharat Vyas, AAG for Union of India Raj Panjwani with Kapil Mathur, for Respondent No. 5. Mohammed Rafiq, AAG for State

Headnote:Wild Life Protection Act, 1972, Sec. 33; Forest (Conservation) Act, 1980, Sec. 2 – Construction of Interpretation Centre in Keoladev National Park, Bharatpur – Competent authority – Requirement of seeking permission from Central Govt. – Held – Setting up of Interpretation centre is for educating the visitors and creating awareness in them about the importance of wildlife – It is being used for forest purpose – Sec. 2 of 1980 Act not apply – Chief Wild Life Warden is the only competent authority u/S. 33 of 1972 Act – Permission of Central Govt. is not required yet approval was given by State Govt. – No fault is found. (Paras 13, 24 & 31)

       The creation of an interpretation center surely is a step in the interest of wildlife and for the improvement of the habitat. The Chief Wild Life Warden is the only competent authority under Section 33 of the Wild Life (Protection) Act, 1972 and the permission of the Central Government is not required. In spite of the fact that the Chief wild Life Warden is the competent authority approval for construction of the Interpretation Center was also given by the State Government. (Para 24)

Honble SINGH, CJ.–The petitioners are aggrieved by the construction of Salim Ali Nature Interpretation Center at Keoladeo National Park, Bharatpur. The petitioners seek a direction for demolition of the construction and for this purpose, have prayed for the following reliefs:-

``(1) By issue of appropriate writ, order or direction the respondents may be directed to take immediate action against the illegal construction of huge building in the name of Salim Ali Nature Interpretation Center at Keoladev national Park, Bharatpur and the aforesaid illegal construction which has already been done may kindly be directed to be demolished and the debris of the aforesaid illegal construction may also kindly be directed to be removed at the cost of the respondents.

(2) By issue of appropriate writ, order or direction it may be directed that a detailed enquiry will be held in the matter so as to point out the responsibility of the concerned person who was instrumental in starting and restarting of huge illegal construction and strong action may be directed to be taken against such officials.

(3) By issue of appropriate writ, order or direction the respondents may be directed to provide the water in the canals of aforesaid National Park to preserve the natural life of the birds and other animals and plants.

(2). History of the park and facts and gleaned from the pleadings and the material placed on record are as follows:

Keoladeo National Park is a world famous bird sanctuary. It is a heronry where the migratory birds assemble from the various parts of the world. Siberian cranes covering thousands of mils fly to the Keoladeo National Park for spending the winter. In fact, Keoladeo National Park is the only wintering site in the country for the Siberian crane. Assemblage of different species of birds in the park during the monsoon and winter months resents a spectacular sight. The park has the distinction of attracting Ashy Crowned Sparrow Lark, Ashy Prinia, Baya Weaver, Barheaded Goose, Blackbellied tern, Blackheaded Ibis, Bluethroat, Blackcapped Kingfisher, Black tailed Godwit, Blackcrowned Night Heron, Black Rumped flame back, Brainfever Bird, Bronzewinged Jacana, Collard Scops Owl, Common Pochard, Common Teal, Cotton Pygmy Goose, Common Tailor bird, Common Wood Shrike, Common Redshank, Common moorhen, Common Kingfisher, Dabchick, Moiselle Crane, Dusky Eagle Owl, Eurasian march Harrier, Eurasian Eagle Owl, Eurasian Wigeon, Eurasian Curlew, Garganey, Grey Fancolin, Great Tit, Greater Coucal, Greater Painted Snipe, Grey Heron, Garganey goose, Indian Courser, Indian Grey Hornbill, Indian Pitta, Knob billed Goose, Lesser Whistling Duck, Little Cormorant, Little Egret, Mallard, Northern Shoveller, Oriental White-eye, Pacific Golden Prover, Painted Stork, Pied Kingfisher, Pheasant-tailed Jacana, Pintail, Purple heron, Purple sunbird, Purple Swamphen, Redcrested Pochard, Ruddy Shelduck, Scarlet Minivet, Storkbilled Kingfisher, Small Pratincole, Spotbilled Duck, Sarus Crane, Siberian Crane, Whitebreasted Waterhen, Whitebellied Drongo etc. Out of the 28 main groups of the birds about 18 groups are visible in the park.

(3). The park is rich in vegetation. It is a home for about 379 species of flowering plants. It is a habitat for the worms, insects and mosses. It is also aquatic habitat for the organisms. The water in the park comes from Ajan Bandh which was constructed by Maharaja Surajmal, the ruler of the erstwhile princely State of Bharatpur, at the concourse of rivers Gambhir and Banganga. The construction of the dam was commenced in the year 1726 and was completed sometime in the year 1763. The water from the dam and that released from the clouds in the form of rain-drops spreads over the natural depression inside the park. The availability of the water in the natural depression is also conducive for fish. There are about 43 species of fish. The park also has amphibians; reptiles and mammals, such as turtle; crate; viper; cobra; rustle snake; pyth
























































































































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