HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

…

OWP no.566/2016

Reserved on: 08.12.2020

Pronounced on: 16.03.2021

Farooq Ahmad Shah and others

…...…...Petitioner(s)

Through: Mr Rouf A. Parray, Advocate

Versus

Union Territory of J&K and others

………Respondent(s)

Through: Mrs Asifa Padroo, AAG

CORAM:

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

1. Petitioners claim that they are fathers of deceased persons, who died

during occurrence when inhabitants of villages Bankoot, Bararipora,

Kralpora, Mantrigam, Boniyar, Wanagam, Mangnipora, Bandipora,

etcetera of Tehsil Bandipora, badly suffered in the year 1997-1998, due

to attacks to their kith and kin by a maneater leopard. Petitioners

approached respondents personally as well as through representations

for payment of adequate relief in their favour after the death of their

kins due to attack by maneater leopard. It is contended that respondent

no.4 vide letter dated 14^th November 2006 (Annexure B to writ petition)

admitted that human damage had been caused by wild animals in

Baramulla and Bandipora and recommended cases of petitioners for

payment of compensation. List of persons, including petitioners, who

received casualties due to wild animals attack in various areas of

District was also sent vide letter dated 24^th December 2009 (Annexure C

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OWP No.566/2016

to writ petition). Thereafter they again represented before respondents.

A writ petition, being OWP no.90/2011, titled Farooq Ahmad Sofi and

others v. State and others, was filed petitioners, which was disposed of

vide order dated 23^rd May 2014 (Annexure E to writ petition) directing

respondents to consider petitioners’ claim within six weeks from the

date of receipt of copy of the said order. In terms of communication

dated 16^th July 2014 (Annexure F to writ petition) respondents held

petitioners not entitled to compensation/ex gratia. Petitioners are

aggrieved of said order contained in communication dated 16^th July

2014 and seek its quashment, by way of writ of certiorari. Petitioners

also seek quashment of condition no.6 of Government Order no.244-

FST of 2014 dated 23^rd July 2014 (Annexure G to writ petition) with a

direction to respondents to pay compensation to petitioners.

2. Respondents 1 to 4, in opposition to writ petition on hand, insist in their

Reply that incident that happened due to man-animal conflict was

communicated to higher ups, but there was no such provision of

compensation in Wildlife Protection Act, who suffered loss of life or

any injury before 2006. It is stated that in compliance to order dated

23^rd May 2011, passed by this Court in writ petition, being OWP

no.90/2011, respondents considered and rejected case of petitioners as

same does not fall within ambit of provisions of Wildlife Protection

Act. Respondents maintain that since case of petitioners is of the year

2006, their case does not fall within the ambit of Government Order

no.244-FST of 2014 dated 23^rd July 2014 as in terms thereof ex gratia

relief has been enhanced from 2014 in favour of victims of man-animal

conflict.

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OWP No.566/2016

3. Given the case set up and submissions made by learned counsel for

parties, it would be appropriate to go through Government Order

no.244-FST of 2014 dated 23^rd July 2014 and in this regard reproduce

it hereinafter:

<Government of Jammu & Kashmir

Department of Forest, Ecology & Environment

Civil Secretariat, Srinagar

Subject:

Payment of ex-gratia relief for deaths/injuries caused to the

human life on account of man-animal conflict cases.

Ref:

Minutes of the 3^rd meeting of State Board for Wildlife held

at Srinagar on 17.09.2013 issued vide endorsement No.WLP/SBWL/II/

2013 / 397-70 dated 09.11.2013.

Government Order No. 244-FST of 2014

Dated: 23.07.2014

Sanction is hereby accorded to the ex-gratia relief on account of

death/injury caused to human life by wild animals during man-animal