VISHVANATH SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Neither the petitioner is present in person in the Court, nor is he represented by any counsel. The apparent reason of the non-appearance of the petitioner before this Court is that as per the counter affidavit filed by the State he is in illegal occupation of the Quarter no. B-134, New Colony, Kalagarh and has not filed any rejoinder affidavit to the counter affidavit filed by the State deliberately.

(2.) We proceed with the matter taking into consideration the question of great public importance involved in the present writ petition (PIL).

(3.) The challenge laid by the petitioner is to the impugned Notification dated 26.02.2010 vide which core area of 821.99 sq. km. and Buffer area of 466.32 sq. km., total area of 1288.31 sq. km. of Corbett National Park situated in the State of Uttarakhand is declared as "Tiger Reserve" as intended by National Tiger Conservation Authority vide letter dated 09.11.2009. This is a private litigation in the garb of Public Interest Litigation. The Court cannot be privy to such like petition. It is also intriguing to note that the petitioner who is found to be a rank encroacher has not been vacated till date. This cannot happen without the collusion and connivance of the State functionaries. The State machinery must protect its property. The notification has been issued strictly as per the mandate of Wild Life Protection Act, 1972.