Delhi High Court
Gaurav Kumar Bansal vs National Tiger Conservation ... on 23 August, 2021
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23rd August, 2021
+ W.P.(C) 8729/2021
GAURAV KUMAR BANSAL ..... Petitioner
Through Petitioner in person
versus
NATIONAL TIGER CONSERVATION
AUTHORITY ..... Respondent
Through: None
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)
Proceedings have been conducted through video conferencing.
CM APPLS. 27182/2021 & 27185/2021 (Exemptions)
Allowed, subject to all just exceptions.
Applications are disposed of.
CM APPL.27183/2021 (Exemption from filing notarized affidavit)
For the reasons stated in the application and in view of the present
prevailing situation, the present application is allowed. However, the
applicant is directed to file duly signed and affirmed affidavit within a
period of one week from the date of resumption of regular functioning of the
Court.
Application is disposed of.
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:25.08.2021
23:22:46
CM APPL.27184/2021 (Exemption from filing court fees)
For the reasons stated in the application and in view of the present
prevailing situation, the present application is allowed. However, the
applicant is directed to file the requisite Court fee within a period of 72
hours from the date of resumption of regular functioning of the Court.
Application is disposed of.
W.P.(C) 8729/2021 & CM APPL. 27181/2021 (Direction)
1. Present Public Interest Litigation has been preferred seeking the
following reliefs:-
"A. Issue a Writ in the nature of Mandamus or any other
appropriate Writ, Order or Direction to National Tiger
Conservation Authority to use its power under section 38 (O)
(b) of the Wildlife Protection Act and to disallow the illegal
construction of bridges and walls within Tiger Breeding
Habitat of Corbett Tiger Reserve as the same is in violation of
Section 38 (O) (g) of the Wildlife Protection Act - 1972.
B. Pass any other directions or orders as deemed fit by this
Hon'ble Court."
2. The principal grievance highlighted in the present petition is the
alleged illegal construction of bridges and walls within the Tiger Breeding
Habitat of Corbett Tiger Reserve and that too, without the approval from the
Respondent herein under Section 38 (O) of the Wildlife Protection Act,
1972. Petitioner, thus, seeks intervention of this Court to protect and
conserve the Biological Diversity, flora and fauna as well as the ecology of
the Corbett National Park.
3. The Petitioner submits that a legal notice was sent to the Respondent
on 11.08.2021 to take necessary action and stop the illegal construction
activities, however, there has been no response or action.
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:25.08.2021
23:22:46
4. We have heard the Petitioner. Looking to the averments in the writ
petition and the provisions of the Wildlife Protection Act, 1972, more
particularly, Section 38(O)(b) thereof, we deem it appropriate, at this stage,
to direct the Respondent to treat this writ petition as a Representation and
look into the issues flagged and highlighted by the Petitioner. Needless to
state that in case the Respondent finds merit in the issues raised, necessary
action shall be taken by the Respondent, in accordance with law, keeping in
mind the provisions of the Wildlife Protection Act, 1972 and the necessity of
conserving the flora and fauna as well as the ecology of the National Park.
For the purpose of taking a decision and consequential action, if any, it is
open to the Respondent to call for an inspection report, in order to verify the
factual status with respect to the allegations made in the writ petition. The
exercise shall be carried out by the Respondent as expeditiously as possible
and practicable.
5. In case the Petitioner is still aggrieved by the decision taken, it is open
to the Petitioner to resort to appropriate remedies available in law.
6. With these observations, writ petition along with pending application
is hereby disposed of.
CHIEF JUSTICE
JYOTI SINGH, J
AUGUST 23, 2021/rk
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:25.08.2021
23:22:46
