The Division Bench of the Gauhati High Court, comprising Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia in a PIL relating to protection of bio-diversity in Assam observed that Central Government should be a necessary party in the present PIL and it should be impleaded in the present PIL as the National Biodiversity Act entails.
Reasoning and Decision of the Court
The Court considered the facts presented before it and expounded that the matter relates to protection of bio-diversity in Assam. During the course of argument, it has transpired that the National Biodiversity Authority, which is a statutory body created under Section 8 of the Biological Diversity Act, 2002 and the State Biodiversity Board, which is constituted under Section 22 of the said Act are necessary parties in these PILs. Accordingly, the National Biodiversity Authority and the State Biodiversity Board are impleaded as party/respondents in these PILs.
The Court observed that the State respondents have filed an affidavit, but there is no affidavit from the Central Government as to whether the Central Government has developed any strategies, plans, programmes etc. for conservation, promotion and sustainable use of biological diversity as mandated by Section 36 of the Biological Diversity Act, 2002.
The Court further directed the Central Government to file affidavit positively by the next date of listing, failing which the Secretary/Joint Secretary, Department of Environment and Forest, Government of India, shall be present in person before the court on the next date.
The Court listed the matter on 18.04.2022 for next hearing.
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