AJAY DUBEY Vs. NATIONAL TIGER CONSERVATION AUTHORITY

JUDGEMENT

(1.) Vide order dated 3.4.2012 this Court had noticed that despite earlier directions some of the States had not issued notifications for core and buffer areas of Tiger Reserve in India in accordance with the provisions of the Wildlife (Protection) Act, 1972. These States include Jharkhand, Rajasthan, Andhra Pradesh, Arunachal Pradesh, Uttar Pradesh, Tamil Nadu, Bihar, Karnataka and Maharashtra. The above States were granted time to issue notification and file affidavits on record.

(2.) The affidavits were not filed by most of the States and again vide our order dated 10.7.2012 we had directed the States to file affidavits along with the respective notifications. It was further directed that all other served States are granted final opportunity to place their respective stand by way of affidavit on record within two weeks from that date. Despite the above orders, the States of Andhra Pradesh, Arunachal Pradesh, Tamil Nadu, Bihar, Maharashtra, Madhya Pradesh and Jharkhand have not filed affidavits. We see no reason as to why the order of this Court should not have been complied with without default.

(3.) Counsel appearing for the States of Jharkhand and Arunachal Pradesh state that they have the notifications and would be filing affidavits within a short time. While other States have not even made an attempt to issue notifications in relation to all the areas in their States which are Tiger Reserved Areas. Subject to payment of Rs. 10,000/- (Rupees Ten Thousand only), as cost, by each State, we grant final opportunity for issuing notification and placing the same on record with affidavits explaining the circumstances for delay. We make it clear that if now the affidavits are not filed, the Court would be compelled to take proceedings under the Contempt of Courts Act for non-compliance of the order of the Court as well as impose exemplary cost to the tune of Rs. 50,000/- (Rupees Fifty Thousand only) payable by the Secretary of the concerned States.