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2022 Supreme(Online)(MAD) 15232
IN THE HIGH COURT OF JUDICATURE AT MADRAS ORDERS RESERVED ON : 20.07.2022 ORDERS PRONOUNCED ON : 10.08.2022 CORAM:
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE.N.MALA W.P.No.15230 of 2022 and W.M.P.Nos.14406 & 14407 of 2022 A.Viswanathan ... Petitioner vs.
1.State of Tamil Nadu, Rep. By Chief Wild Life Warden, No.1, Jennis Road, Suriyammapet Saidapet, Chennai – 600 015.
2.Central Zoo Authority, B-1 Wing, 6th Floor, Pt. Deendayal Antyodaya Bhawan, CGO Complex, Lodhi Road, New Delhi – 110 003.
3.GREENS ZOLOGICAL, RESCUSE &
REHABITATION CENTRE, SSO, A5, Village Moti Khavdi District, Jamnagar, Gujarat – 361280.
4.Madras Crocodile Bank Trust, Post Bag No.4, Mahabalipuram, Tamil Nadu – 603 104. … Respondents Prayer in W.P.No.15230 of 2022: Writ Petition is filed under Article 226 of the Constitution of India humbly praying “to issue a WRIT OF MANDAMUS or any other appropriate Writ, or order, or direction, in the nature of a Writ, it is therefore prayed that this Hon'ble Court may be pleased to set aside /quash the permission by which the Respondent Nos.1 and 2 granted permission for the transfer of 1000 crocodiles from the respondent No.4 facility to the Respondent No.3 facility, and consequentially issue directions to quash and set aside the permission granted by the Respondent No.2 to the Respondent No.3 to operate a Zoo and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
Prayer in W.M.P.No.14406 of 2022: Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India humbly praying to direct the Respondents 1 and 2 to an inquiry and investigation be directed into the management and affairs of the Respondent No.3 by an independent agency like CBI, CID or Special SIT constituted by this Court and based on the report, action be taken or directed to be taken against the Respondent No.3 and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
Prayer in W.M.P.No.14407 of 2022: Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India humbly praying that this Hon'ble Court may graciously be pleased to issue any other appropriate Writ, or order, or direction, in the nature of a Writ, it is therefore prayed that this Hon'ble Court may be pleased direct the Respondent No.1 and 2 from giving any permission to Respondent No.3 for acquiring, purchasing, exchanging or selling any animals from any other zoos in Tamil Nadu, India or abroad and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner : Mr.H.Agrawal for Dr.S.K.Samy For R1 : Mr.P.Muthukumar Government Pleader For R2 : Ms.V.Sudha Central Government Standing Counsel For R3 : Mr.Atul Nanda, Senior Counsel for Dr.Sujay N. Kantawala For R4 : Mr.Niranjan Rajagopalan Assisted by Meghna Kumar for M/s.G.R.Associates * * * * *
O R D E R
[Order of the Court was made by N.MALA, J.]
The Writ Petition is filed as a Public Interest Litigation to set aside /quash the permission by which the respondent Nos.1 and 2 granted permission for the transfer of 1000 crocodiles from the respondent No.4 facility to the respondent No.3 facility, and consequentially to quash and set aside the permission granted by the respondent No.2 to the respondent No.3 to operate a Zoo.
2.With the consent of both the petitioner as well as the respondent's counsel the main writ petition is taken up for hearing and is disposed of by this order.
3.INTRODUCTION:
3.“The greatness of a nation and its moral progress can be judged by the way its Animals are treated” – M.K.Gandhi.
“51-A.Fundamental duties. --- It shall be the duty of every citizen of India ----
(g) to protect and improve the natural environment including forest, lakes, rivers and wildlife, and to have compassion for living creatures.”
4.In this Public Interest Litigation we are called upon to address the issue of the validity of transfer of 1000 crocodiles from the 4th respondent Zoo to the 3rd respondent Zoo in t “51-A.Fundamental duties. --- It shall be the duty of every citizen of India ----
(g) to protect and improve the natural environment including forest, lakes, rivers and wildlife, and to have compassion for living creatures.” he light of the provisions of the Wild Life Protection Act, 1972 and the rules framed there under.”
5.Our nation culturally has always been Ecocentric. We believe in peaceful co-existence with all creatures and our love and reverence for the animal world is reflected in our religion, folklore, art and craft. From ancient times we are known to have protected, venerated and conserved wild life. The legacy of protection of wild animals and plants is reflected in the constitution 42nd Amendment Act, 1976 by which Article 51-A was inserted in Part IV-A of the constitution. Article 51-A reads as follows:
“51-A.Fundamental duties. --- It shall be the duty of every citizen of India ----
(g) to protect and improve the natural environment including forest, lakes, rivers and wildlife, and to have compassion for living creatures.”
6.The constitution under Schedule VII List III Entry 17-B provides for Protection of Wild Animals and Birds. Tracing the power to the above, the Parliament enacted the Wild Life Protection Act, 1972 with the object of protection of wild animals and birds with a view to ensuring the ecological and environmental security of our country.
7.Section 38-H of the Wild Life Protection Act, 1972 mandates that without the recognition of the Authority, no Zoo can be operated. Zoo is defined under See 2(39) of the Act. The Recognition of Zoo Rules, 2009 was enacted laying down the procedure for recognition of Zoos', renewal of recognition, classification of Zoos' and matters incidental thereto. In the light of the provisions of the Act and the Recognition of Zoo Rules (RZR)
2009 the issues raised before us will be answered.
8.THE BRIEF FACTS NECESSARY FOR THE PURPOSE OF DISPOSAL OF THIS WRIT PETITION ARE AS FOLLOWS:
The petitioner is an Ex-Service Man and an environment and animal lover and as such he has filed the public interest litigation.
9.According to the petitioner in the year 2019, the respondent No.3 made an application to the 2nd respondent for recognition to operate a Rescue, Rehabilitation center and Zoo in the village Kanalus, Taluk Lalpur, District Jamnagar, Gujarat. After compliance of the prescribed formalities the 2nd respondent granted the recognition for operating the mini zoo for a period of three years upto August, 2023. The writ petitioner after referring to various provisions of the Act objected to the grant of permission stating that the same were in violation of the provisions of the Wild Life Protection Act
1972, and the Recognition of Zoo Rules, 2009.
10.According to the petitioner the 3rd respondent is not operating the Zoo, rescue and rehabilitation center in accordance with the
