MOKIBUL ISLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B.K. Mahajan and Mr. S.B. Rahman, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned Assistant Solicitor General of India for Respondents No.1, 6 and 7; and Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam for Respondents No.4 and 5.

(2.) The petitioner is before this Court in the instant petition styled as public interest litigation seeking that the competent authority be directed to dismantle the iron barrier put up by the Army authorities at Narengi Cantonment bordering Amchang Wildlife sanctuary. The petitioner is also seeking that direction be issued to identify the elephant habitats and paths and allow free passage for elephants on such paths. The petitioner has in that regard suggested that a method is required to be followed by the competent authority in this regard.

(3.) From a perusal of the petition, it is noticed that the immediate concern of the petitioner seeking for the prayer to dismantle the barrier is based on the press report wherein the installation of such barrier is indicated. Though the concern of the petitioner is appreciated, when the petition is taken up for consideration, the learned Assistant Solicitor General of India has brought to our notice the photographs to indicate that the barriers, regarding which the press report had been published, has already been removed.