$~35.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

+

W.P.(C) 6372/2020

KHODIYAR ANIMAL WELFARE

TRUST & ANR.

..... Petitioners

Through:

Mr. Rajshekhar Rao, Mr. Kshitij

Maheshwari & Mr. Karthik Sundar, Advocates

versus

MINISTRY OF ENVIRONMENT

FOREST AND CLIMATE CHANGE

..... Respondent

Through:

Mr. Rajesh Gogna, CGSC with

Mr.Akshya, Mr. Karan Chhibber & Mr. Vedansh

Anand, Advocates.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE PRATEEK JALAN

JUDGMENT

:

D.N.PATEL, Chief Justice (Oral)

Proceedings in the matter have been conducted through video

conferencing.

1.

This public interest litigation has been preferred with the following

prayers:-

2020:DHC:3120-DB

(c) Pass any other or further order/s as this Hon‟ble Court may

deem fit and proper.”

2.

Petitioner No.1 is an establishment involved in maintenance of rescue

shelters for animals of Indian origin as well as exotic species. It was

registered at Ahmedabad on 9^th October, 2019 under the Bombay Public

Trusts Act, 1950 vide registration No.E/22724/Ahmedabad. It was

established by a group of like minded persons who have been involved in

the promotion of animal welfare and wildlife protection activities since

several years with an objective of protecting, improving and serving the

natural environment including wildlife, and promoting compassion towards

animals and welfare of animals.

3.

Petitioner No.2 is a wildlife enthusiast and was conferred with the

Amrita Devi Bishnoi Wild Life Protection National Award by the

Government of India in 2008 and he has served as a member in various

boards and committees as stated in the memo of the writ petition.

4.

It is submitted by the learned counsel for the petitioners that an

Advisory has been issued by the respondent No.1/Ministry of Environment,

Forest and Climate Change for dealing with the Import of Exotic Live

Species in India and declaration of stock, entitled as “Advisory for Dealing

with Import of Exotic Life Species in India and Declaration of Stock”

(hereinafter referred to as “Advisory”). It is also submitted by the learned

2020:DHC:3120-DB

counsel for petitioners that the aforesaid Advisory was accompanied by a

press release dated 11^th June, 2020 which are in the public domain.

5.

It is submitted by Mr. Rajshekhar Rao, learned counsel for the

petitioners that –

(a)The Advisory does not sufficiently specify the nature of protection

offered and thereby discourages the people from declaring their stock;

and

(b) The Advisory limits the operation only to those exotic species that

are mentioned in Appendices I, II and III of the “Convention on

International Trade in Endangered Species on Wild Fauna and Flora”

(hereinafter referred to as the “CITES”) whereas many other

threatened species also requires protection which are left out from the

ambit of the Advisory.

6.

The aforesaid two difficulties have given birth to the present writ

petition in larger public interest with an objective of ensuring that there is a

proper record of keeping of even those vulnerable exotic animals and birds

species which are not mentioned in the Appendices I, II and III to the

CITES and as such to ensure that such species are also protected.

7.

We have issued notice and the learned counsel appearing for the

respondent has filed counter affidavit. It is submitted by the learned counsel

for the respondent that so far as inclusion of other vulnerable exotic animals

and birds species are concerned, it is implementing the provisions of the

International Convention –CITES. It is submitted by the learned counsel

for respondent that at present the scope of the Advisory issued is limited to

2020:DHC:3120-DB

the species included in Appendices I, II and III of the CITES. It is further

submitted by the learned counsel for respondent that the suggestion of the

petitioners to enlarge the scope of the Advisory to all exotic live species

which are listed in Wild Life (Pr