NITIN SINGHVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this petition for the following reliefs:

(2.) The petitioner, who claims himself to be a social activist and who has been working for protection of environment and for the conservation of wildlife, has filed this petition against abrogation of recommendation of National Tiger Conservation Authority (for short, the NTCA) to declare Bhoramdeo Wildlife Sanctuary (for short, BWS) as a Tiger Reserve and Chilpi Range as buffer zone as is evident from the communication of Under Secretary, Forest Department, Government of Chhattisgarh to the Principal Chief Conservator of Forests (Wildlife), Forest Department, Government of Chhattisgarh dtd. 9/4/2018. Similar communication has been sent by the Principal Chief Conservator of Forest, Government of Chhattisgarh to Assistant Inspector General of Forests, NTCA, Government of India. The act of the State authorities in not complying with the recommendations of the NTCA is illegal as it is mandatory under the provisions of the Wildlife Protection Act, 1972 (for short, the Act of 1972) for the State to comply with the recommendations of the NTCA to declare any area as a Tiger Reserve.

(3.) The facts, as projected by the petitioner are that the NTCA vide its order No. 1-12/2018 dtd. 28/7/2018 recommended Forest Department, Government of Chhattisgarh to declare BWS as a Tiger Reserve. Furthermore, upon the said recommendation of NTCA, the Government of Chhattisgarh also constituted an expert committee for the determination of core and buffer area. In the above mentioned meeting, in-principle, approval was given by the Government of Chhattisgarh to make Bhoramadeo Sanctuary into a Tiger Reserve. In the 10th meeting of the Chhattisgarh State Wildlife Board on 14/11/2017 the proposal for declaring BWS as a Tiger Reserve was discussed in which various parameters in regard to core and buffer zone of Tiger Reserve were finalized and the amended proposal was sent to NTCA. On 9/4/2018, the Under Secretary, Forest Department, Government of Chhattisgarh abrogated the proposal to declare Bohramdeo Sanctuary as Tiger Reserve because the amended proposal did not contain the document in regard to the consultation with the concerned Gram Sabha as prescribed under Sec. 38-V (4) (ii) of the Act of 1972 and the same was intimated to the NTCA. The task of consulting the Gram Sabha has to be undertaken by the State Government. The recommendation to declare BWS as Tiger Reserve has been annulled by State Government for non-performance of a statutory obligation which was to be undertaken by State Government itself. The State Government cannot abrogate the recommendation, as every authority, as per Sec. 38-O(2) of the Act of 1972 is bound to comply with the direction of the NTCA in regard to conservation of tigers and their habitat.