LAWS(RAJ)-2019-11-245

SUO MOTU Vs. STATE OF RAJASTHAN

Decided On November 22, 2019
SUO MOTU Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) A factual report has been prepared by the learned counsel who has been appointed as Amicus Curiae by this Court. Copy of the report has been handed over to the learned counsel for the State. Copy be also handed over to the learned counsel appearing for Sambhar Salt Limited. We call upon the State as well as Sambhar Salt Limited to file their reply at the earliest by 26.11.2019.

(2.) On perusal of the report furnished by learned Amicus Curiae it is found that there are no means for the Government agencies to go into the deep water which is essentially for the purpose of removal of Carcasses especially since it is reported that various other migratory birds are coming also to the Sambhar Lake and in the event Carcasses are not removed it is likely that they may suffer the same fate. Therefore, we direct the State to initiate necessary action as submitted by learned Amicus Curiae by providing inflatable tubes as well as camera drone of high density to visualise the Carcasses which are likely to be in deep water and also to take necessary steps for the removal at the earliest. We further direct that necessary steps be also taken for the migratory birds which are found dead, which must be properly investigated, samples may be retained and the disposal of the birds may be made in a scientific manner. We are informed by the learned counsel that the birds are being buried in nearby areas and consequentially there is possibility that the disease may spread, as advised by the experts in the area. If found appropriate, the birds must be suitably disposed by cremation and by other means which are scientific and appropriate to prevent further spread of the disease for which the birds have died.

(3.) Various learned counsels who are assisting in the matter have brought to our notice that the present season is a season when migratory birds from all over the world arrive in the State of Rajasthan and other parts of the country, consequently, the State shall take all necessary preventive actions that possibility of spread of such disease is prevented or minimized to the extent possible.