SUO MOTU Vs. STATE OF BIHAR

JUDGEMENT

(1.) PROCEEDINGS of yesterday were adjourned to today as the officials who had attended Court, mentioned in the order dated 17.5.2001, were to go into a conference to chalk out the remedial measures in an effort to save the dolphins.

(2.) YESTERDAY , the Court had recorded that the affidavits which have been filed by the Union of India and the State of Bihar, the Court would reserve its comments.

(3.) UNFORTUNATELY , the record as it lies with the State of Bihar on this particular project has its origin in 1991. The dolphin area had been declared a sanctuary by a Government Order S.O. 382 dated 7.8.1991. Thereafter, in reality and fact, nothing had been done until 2001, a span of 10 years until this Court issued notice and expressed its concern on the incidents of dolphins ' killing by the local fishermen. A justification was attempted by the State of Bihar that it had written to the Government of India vide its letter No. 711 E dated 28 May, 1994 for approval and sanction of a scheme but after several reminders the scheme has not been sanctioned by the Central Government. The submission was easily made but the records were showing otherwise. On this very context the Government of India was asking the State of Bihar to give its clear -cut views on five points for the programme to protect the dolphins. These are;