CHERANDA NAND SUBBAIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner claims to be an agriculturist and engaged in plantation of coffee. The Petitioner has filed this public interest litigation, seeking a direction to quash the permission dtd. 24/6/2009 and 16/11/2007 granted under Sec. 28(1) of the Wild Life (Protection) Act, 1972 ('the Act' for brevity). The petitioner also seeks a direction to the Principal Chief Conservator of Forests, Karnataka State and the Principal Chief Conservator of Forests, Wild Life and Chief Wildlife Warden, to initiate appropriate action against the respondent Nos.5 to 13 for unauthorised radio collaring of tigers in Nagarahole National Park in the year 2000.

(2.) Sec. 28 of the Act deals with grant of permit. It provides that the Chief Wild Life Warden may, on application, grant to any person a permit to enter or reside in a sanctuary for the purposes of investigation or study of wild life and purposes ancillary or incidental thereto. In the present case, in exercise of powers under Sec. 28(1)(a) of the Act, a permit was issued on 16/11/2007. A perusal of the said order makes it clear that the said order was in force for a period of three years and has come to an end on account of efflux of time, during the pendency of the petition. It is also relevant to note that the aforesaid permission has not been renewed further.

(3.) Insofar as the order dtd. 24/6/2009 granting permission under Sec. 28(1)(a) of the Act is concerned, the learned Additional Government Advocate has stated that the aforesaid order is no longer in force as it has ceased to operate. Therefore, the first relief claimed in the petition with regard to the orders dtd. 24/6/2009 and 16/11/2007, issued under Sec. 28(1)(a) of the Act, does not survive for consideration on account of efflux of time.