The court upheld the state's authority to declare a wildlife sanctuary despite claims of traditional rights not being substantiated.

1. This intra - court appeal, preferred by the State of Assam, is directed against the judgment and order dated 21.12.2017 passed by the learned Single Judge in WP(C) No.4113/2009 setting aside the notification dated 21.02.2009 issued under S.18 and S.26A(1)(b) of the Wild Life (Protection) Act, 1972 declaring an area of 4.1 Sq. K.M. of the water body commonly known as the "Deepor Beel" to be a Wildlife Sanctuary within the meaning of the Act of 1972. The brief factual matrix of the case, as apparent from the materials on record, is narrated hereunder.

2. On 12.01.1989, an initial notification expressing the intent of the Government to declare the "Deepor Beel" as a Wild Life Sanctuary was issued under S.18 of the Wild Life (Protection) Act, 1972 (herein after referred to as "the Act of 1972") which was published in the Assam Gazette on 22.03.1989. Additional Deputy Commissioner (Revenue) was appointed as the Collector under S.2(9) of the Act of 1972 so as to enquire into and determine the existence, nature and extent of rights, if any, in favour of any person. On 22.06.1993, notice was issued inviting claims of rights on the land over which the proposed sanctuary was to be created. In response to the notice dated 22.06.1993 some persons had submitted their objections on 13.07.1993. On 22.07.1993 the Chairperson of No.32, Dharapur Gaon Panchayat had also submitted objection to the proposal for creation of a sanctuary over the "Deepor Beel". Taking note of the objections so received, on 07.01.1994, the Collector had expressed an opinion that there should be no hurry to declare the Deepor Beel as a Bird Sanctuary without first ensuring the alternative means of livelihood for the people living in the vicinity of the Beel. It appears that the Assam Fisheries Development Corporation (AFDC) had earlier entered into a seven years lease agreement granting fishing rights over a part of the beel. As such, on 14.07.1999, the Divisional Forest Officer (DFO), Assam State Zoo Division, Guwahati had requested the Managing Director of Assam Fisheries Development Corporation to withdraw the leasing rights granted in respect of the Deepor Beel on the ground that fishing activities were prohibited in the said beel under the Act of 1972. The lease was, however, cancelled on 29.11.1999 on account of non - payment of kists (installments) for the year 1999-2000 and the possession of the fishery was taken back by the Corporation. Notwithstanding the same, the respondents / writ petitioner Nos. 1 and 2 had requested the Managing Director of AFDC to settle the Deepor Beel fishery with them. On 29.05.2002, an order was passed rescinding the draft notification dated 12.01.1989. However, by issuing a subsequent notification dated 17.08.2002, the order dated 29.05.2002 was withdrawn as a result of which, the initial notification dated 12.01.1989 was restored. It appears that on 05.01.2006, the Additional Deputy Commissioner (Rev) was appointed as the Collector to determine the existence, nature and extent of right, if any, existing in favour of any person and accordingly notice inviting claims and objections from interested parties issued by the Collector was published on 31.05.2006 in two local Dailies viz., "Amar Asom" and "The Sentinel". Since neither any objection nor any claim was received by the authorities, the impugned notification dated 21.02.2009 was issued declaring an area of 4.1 Sq.K.M. of water body as the "Deepor Beel Wild Life Sanctuary". The respon