PARIMAL KUMAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS matter was taken up on the basis of the application dated 21. 8. 2006 addressed to this Court by the petitioner, who is the Director of the Non-Government Organization (NGO), called Appropriate Technology Mission, Assam (ATMA ). In the application it has been stated that Kakoijana Reserve Forest in the District of Bongaigaon covering an area around 2000 hectares (about 15,000 bighas) is a habitant of one of the rarest and highly endangered species, namely Golden Langur (Presbytis Gee) alongwith other Schedule-I endangered species. According to the petitioner, it is in a serious state of negligence and vulnerability. Illegal poaching and hunting of wild animals, felling of trees, quarrying of rocks, lack of awareness amongst local public about the importance and significance of these endangered species have virtually threatened the existence of Kakoijana Reserve Forest and its rich and rare flora and fauna. Further, systematic destruction of the hilly Kakoijana Reserve Forest is leading to adverse impact on its topsoil and even moderate rainfall carries away such hill topsoil to the farmland of the neighbouring 21 villagers and is affecting farm yield of the adjacent areas.

(2.) THE petitioner who is also the Head of the Department, Zoology, Gauhati University and a Scientist of Indo-US Primate Project has expressed the opinion that the said reserve forest should be upgraded to a Wildlife Sanctuary. In this connection, he has referred to the reports of the Chief Conservator of Forests (C. C. F.), (Wildlife) submitted to the Government of Assam from time to time.

(3.) IN response to the notices issued, the respondents have filed their affidavits which are briefly discussed below.