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2023 Supreme(Online)(Gau) 7443

GAUHATI HIGH COURT
Sandeep Mehta, C. J., Suman Shyam, J.
State of Assam v. Deepar Beel Pachpara Samabai Samity Ltd.


Advocates:
For the Appellants/Petitioners: Mr. D. Mazumdar
For the Respondents: Mr. U. K. Nair

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 crea



























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