LAWS(RAJ)-2007-5-55

GIRRAJ GOYAL Vs. STATE OF RAJASTHAN

Decided On May 25, 2007
GIRRAJ GOYAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) HUNTING has been a passion for royal families. It was a pleasure sport for their entertainment, excitement and collecting trophies of wild animals and, may be, to prove their Rule over the Jungle also. The wildlife would have almost extinguished but for the end of the Raj with the Independence of the Country. Some protective and prohibitory legislations had been enforced, however, the situation remained the same. Now the pleasure 'hunting' is sought by the tourists. Remaining finishing work is done by the poachers. The wildlife still running for a safe shelter for their survival and existence. The plight of the King of the jungle can well be imagined. Vehicle owners are worried for their employment, the tour operators for their business and hoteliers looking horrified by empty rooms. All hopes pinned on their business. But, where the wildlife plead for mercy. Under such circumstances, the courts have to intervene and come to their rescue.

(2.) IN spite of all sorts of preliminary and technical objections as usual raised by the respective parties in such situations of claims, counter claims, blames, counter blames and shifting of burden and responsibilities, the courts have to evolve a balancing formula within the parameters of protecting, prohibitory legislations. Though, it is a matter of great debate in regard to fixing the responsibilities and taking appropriate prohibitory and precautionary measures at the level of Center as well as States also and some of the issues been sub judice before the Hon'ble Supreme Court, presently, we are concerned with the Ranthambore National Park to the extent of preservation of tigers and other wildlife, regulating the tourists and vehicles in the park and other subsidiary matters.

(3.) AS per the directions issued by this Court, various details have been submitted on behalf of the State Government as also the National Tiger Conversation Authority. Many proposals and suggestions have also been put on record for assistance and convenience of the court in deciding the issues involved.