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2022 Supreme(Online)(Guj) 4928

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/WRIT PETITION (PIL) NO. 51 of 2022 ==========================================================

HALAR UTKARSH SAMITI TRUST Versus STATE OF GUJARAT ==========================================================

Appearance:

ADITYA A CHOKSI(7835) for the Applicant(s) No. 1 for the Opponent(s) No. 4,5 MR CHINTAN DAVE, AGP for the Opponent(s) No. 1,2 MR DEVANG VYAS, ADDL SOLICITOR GENERAL OF INDIA for the Opponent(s) No. 3 ==========================================================

CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR and HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI Date : 30/08/2022

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. By way of this Public Interest Litigation, petitioner claiming to be a public spirited and a social worker has approached this Court claiming following reliefs:-

A. MAY BE PLEASED TO admit and issue a Writ of Mandamus or such other writ, order or direction as the Hon'ble Court deems fit and appropriate in restraining the concerned Authorities including Respondent No.3- The Central Zoo Authority to grant any further permission for transfer or acquisition of any domestic, local or foreign animals to the Respondent No.4 & 5 herein at Greens Zoological Rescue and Rehabilitation Center Society, Jamnagar Gujarat in connection with the recognition dated 17.08.2020 granted by Respondent No.3 to the Respondent No.4 herein.

B. MAY BE PLEASED TO issue a Writ of Mandamus or such other writ, order of direction as the Hon'ble Court deems fit directing the Respondent No. 2 to retransfer wild animals presently in Green Zoological Rescue and Rehabilitation Center at Jamnagar to their original places from where there were brought;

C. MAY BE PLEASED TO pass an interim relief in terms of stay on further execution of recognition dated 17.08.2020 granted by Respondent No.3 to the Respondent No.4 herein during the Admission, Pendency and till the final disposal of this Petition.

D. During pendency of this petition, the Hon'ble Court be pleased to appoint a Committee of Experts to visit Green Zoological Rescue and Rehabilitation Center at Jamnagar and to submit a detailed report on various aspects and conditions of the said Green Zoological Rescue and Rehabilitation Center at Jamnagar in accordance with the Wild Life (Protection) Act 1972 r/w National Zoo Policy 1998, Recognition of Zoo Rules 2009 and in consonance with the Guidelines for Establishment & Scientific Management of Zoos in India by Central Zoo Authority (Ministry of Environment & Forests, Government of India) 2008 within stipulated time;

E. During pendency of this petition, the Hon'ble Court be pleased to direct the Respondent No.2 to 5 to produce before this Hon'ble Court all documents including correspondence, permission, application, proposal, reports, orders exchanged between them regarding recognition of Green Zoological Rescue and Rehabilitation Center at Jamnagar;

F. MAY BE PLEASED TO pass any such other order/s, direction/s in the Interest of public at large and in the interest of Speechless Animal.

2. Petitioner in this petition is said to be espousing the cause of voiceless wildlife animals and their welfare and conservation in private Zoo at Jamnagar in connection with the recognition dated 17.8.2020 granted under Section 38-H of the Wildlife (Protection) Act, 1972 by the Central Zoo Authority- respondent No.3 in favour of respondent No.4.

3. Petitioner is said to be a Public Charitable Trust incorporated on 15.5.2001 at Jamngar having Registration No.2894 issued by the Assistant Charity Commissioner, Jamnagar on 29.5.2001. Petitioner Mr. Prakash Himmatlal Doshi, is Secretary of petitioner Trust and has been duly authorized by the Chairman of the Trust on 15.4.2019 to undertake various activities for and on behalf of the Trust in the field of conservation and protection of wildlife. In respect of these issues about protection and conservation of environment and wildlife, petitioner Trust so far has filed multiple public interest litigations, which are mentioned in the memorandum of writ petition, and thereby has submitted that Trust is taking care of these issues related to environment and wildlife and as such present petition has been submitted which is purely a public interest litigation for the interest of voiceless animals.

4. It is the case of petitioner that respondent No.4 being an industrial house, has set up a Green Zoological Rescue and Rehabilitation Center at village Kanalus, Taluka Lalpur, District Jamnagar, and said industrial house is involved in various manufacturing, selling and other activiti

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