Reenu Paul vs State Of Uttarakhand & Others
2024 Latest Caselaw 887 UK

Uttarakhand High Court

Reenu Paul vs State Of Uttarakhand & Others on 7 May, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

          IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
                HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI
                                  AND
                  HON'BLE SRI JUSTICE PANKAJ PUROHIT


                                  7TH MAY, 2024
               WRIT PETITION (PIL) No. 5 OF 2021


    Between:

    Reenu Paul                                                           ...Petitioner

                                                Versus

    State of Uttarakhand & others.                                    ...Respondents

    Counsel for the petitioner.             :        Mr. Abhijay Negi & Ms. Snigdha Tiwari,
                                                     learned counsel.

    Counsel for the respondent Nos. 1 & 5       :    Mr. C.S. Rawat, learned Chief Standing
                                                     Counsel with Mr. S.S. Chaudhary,
                                                     learned Brief Holder for the State of
                                                     Uttarakhand.

    Counsel for the respondent no. 2        :        Mr. Manoj Kumar, learned          Standing
                                                     Counsel for the Union of India.



JUDGMENT :

(per Sri Manoj Kumar Tiwari, J.)

In this writ petition, allegedly filed in public

interest, petitioner has sought the following substantive

reliefs:-

"1. Issue a writ, order or direction in the nature of certiorari quashing the decision as recommended by the State Wildlife Board to the Government of Uttarakhand on 24.11.2000, whose minutes were released on 24.12.2020 (Annexure 12) to denotify the Shiwalik Elephant Reserve.

2. To issue a writ, order or direction in the nature of mandamus commanding the respondents not to proceed with the denotification of the Shiwalik Elephant Reserve.

3. To issue a writ, order or direction in the nature of mandamus, commanding the respondents to take steps to conserve the habitate of elephant that is increasingly facing fragmentation in the State of Uttarakhand.

4. To issue a writ, order or direction in the nature of Prohibition to the Respondents from taking any decision on de- notification of the Shiwalik Elephant Reserve based on the recommendation dated 24.11.2020 (Annexure 12) of the Wildlife Board."

"

2. In sum and substance, petitioner is aggrieved by

the decision taken by Government of Uttarakhand, as notified

on 08.01.2021, whereby the notification dated 28.10.2002,

issued by the State Government, declaring certain areas of

State of Uttarakhand as Shivalik Elephant Reserve, was

cancelled. The said decision was taken by the State

Government to facilitate extension of Jollygrant Airport at

Dehradun. However, in the writ petition, the said notification

dated 08.01.2021 was not challenged, and what was

challenged was the notification issued by the State Wild Life

Board, pursuant to which the decision to cancel the

notification dated 28.10.2002 was taken.

3. Learned State Counsel has produced in Court a

subsequent notification dated 09.02.2023, issued by

Secretary, Department of Forest, Government of

Uttarakhand, which is taken on record. Perusal of the said

notification reveals that the notification dated 08.01.2021 has

now been cancelled and the Shivalik Elephant Reserve

declared by notification dated 28.10.2002 has been revived.

In view of this subsequent development, the reliefs as

claimed in the writ petition do not survive.

4. Learned counsel for the petitioner fairly concedes

that after issuance of notification dated 09.02.2023, the

prayers made in relief clause, except prayer no. 3, do not

survive.

5. Accordingly, the writ petition is disposed of.

However, petitioner shall be at liberty to approach the

appropriate forum for conservation of habitat of elephants.

___________________ MANOJ KUMAR TIWARI, J.

______________ PANKAJ PUROHIT, J.

Dt: 07.05.2024 Navin