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The Supreme Court has ordered complete ban on any form of tourism that’s organised in the name of tigers in the core areas of their sanctuaries and directed the state governments where the sanctuaries house the big cats to put in place a notification setting up buffer zones.“Tigers are practically on the verge of extinction whatever the statistics may be,” the top court observed on Tuesday while hearing a PIL filed by environmentalist Ajay Dubey.The PIL has sought directions to the Centre and statesto protect tigers from poachers and to ensure necessary care to them.The ban will remain in force until the court finally disposes of the PIL.Tiger breeding takes place in core areas which are meant to be kept free of any disturbance, including tourism. Buffer zones are the areas which lie in the periphery of core areas also known as critical tiger habitats. The buffer zones constitute the fringe areas of tiger reserves up to a distance of 10 kms.A bench of Justices Swatanter Kumar and Ibrahim Kalifulla also imposed a fine of Rs10,000 on the governments of Maharashtra, Tamil Nadu,Bihar, and Andhra Pradesh for ignoring its repeated directives concerning buffer zones.Karnataka is the lone government that has notified setting up buffer zones around its tiger sanctuaries.Expressing concern over the authorities’ inertia in sincerely implementing the Wild Life Act and the Article 21 of the constitution that guarantees protection to environment, the court also warned that contempt action would be initiated against the offending states.It also said exemplary cost up to Rs 50,000 would be imposed on each state and this amount would be recovered from the chief secretary concerned.Union environment and forests minister Jayanthi Nataraj has welcomed the ban order and said she would personally write to all chief ministers asking them to strictly follow the top court’s mandate.She also expressed concern over increased tourism activities in core areas in tiger reserves.There have been reports about wildlife and cultural holidays that are called tiger tracking safaris in Kanha, Bandhavgarh or Pench National Parks and Asiatic Lion safaris and vacations in Sasan Gir National Park.According to reports quoting the National Tiger Conservation Authority, about 48 tigers have died in the first six months of 2012 compared to 56 tiger deaths reported in the whole of 2010 and 52 in 2011.
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SLP (Civil) 21339/2011
STATUS PENDING Cause Title Advocate Details
AJAY DUBEY Vs.
NATIONAL TIGER CONSERVATION AUTH.& ORS.
Pet. Adv.MS. PRERNA MEHTA
Res. Adv.MR. LAKSHMI RAMAN SINGH
Subject Category
LETTER PETITION & PIL MATTER - SLPs FILED AGAINST JUDGMENTS/ORDERS PASSED BY THE HIGH COURTS IN WRIT PETITIONS FILED AS PIL
Listing Details
Next Date of Listing
22/08/2012
ITEM NO.1 COURT NO.12 SECTION IVA
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).21339/2011
(From the judgement and order dated 19/01/2011 in WP No.12351/2010 of TheHIGH COURT OF M.P AT JABALPUR)
AJAY DUBEY Petitioner(s)
VERSUS
NATIONAL TIGER CONSERVATION AUTH.& ORS. Respondent(s)
(With appln(s) for permission to file additional documents and directionsand exemption from filing O.T. and impleadment as party respondent and withprayer for interim relief and office report)(FOR FINAL DISPOSAL)
Date: 24/07/2012 This Petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SWATANTER KUMAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
For Petitioner(s) Mr. Raj Panjwani,Sr.Adv. (A.C.) Mr. Rahul Choudhary,Adv.
Mr. Ritwick Dutta,Adv.
Ms. Prerna Mehta,Adv.
For Respondent(s) Mr. S.P. Singh,Sr.Adv. Mr. D.S. Parmar,Adv. Mr. Susheel Tomer,Adv. Mr. Anil Kumar Gupta-II,Adv.
Mr. Sanjay Upadhyay,Adv. Ms. Lalitha Kaushik,Adv. Mr. Tushar Thareja,Adv. Ms. Divya Sharma,Adv.
Mr. S. Wasim A. Qadri,Adv. Mr. L.R. Singh,Adv. Mr. Zaid Ali,Adv.
Mr. B. Balaji,Adv. Mr. R. Rakesh Sharma,Adv. Mr. Krishnamoorthy,Adv.
Mr. V.N. Raghupathy,Adv. Mr. B.S. Prasad,Adv.
Mr. Shiv Prakash Pandey,Adv. Mr. Rajeev K. Dubey,Adv. Mr. Raghav Pandey,Adv.
Ms. Ruby Singh Ahuja,Adv. Ms. Deepti Sarin,Adv. Mrs. Manik Karanjawala,Adv. Ms. Shruti Katakey,Adv. M/s. Karanjawala & Co.
Mr. Rohit Sharma,Adv. Mr. Abhijit P. Medh,Adv.
Mr. Anil Shrivastav,Adv. Mr. Rituraj Biswas,Adv.
Mr. Anshuman Singh,Adv. Mrs. Anuradha Mutatkar,Adv.
Mr. Vikas Upadhyay,Adv. Mr. B.S. Banthia,Adv.
Mr. Jasbir Singh Malik,Adv. Mr. Milind Kumar,Adv.
Mr. Lakshmi Raman Singh,Adv.
Ms. Anita Shenoy,Adv.
Ms. C.K. Sucharita ,Adv
UPON hearing counsel the Court made the following
O R D E R
Vide order dated 3.4.2012 this Court had noticed that despite earlier directions some of the States had not issued notifications for core and buffer areas of Tiger Reserve in India in accordance with the provisions of the Wildlife (Protection) Act, 1972. These States include Jharkhand, Rajasthan, Andhra Pradesh, Arunachal Pradesh, Uttar Pradesh, Tamil Nadu, Bihar, Karnataka and Maharashtra. The above States were granted time to issue notification and file affidavits on record. The affidavits were not filed by most of the States and again vide our order dated 10.7.2012 we had directed the States to file affidavits along with the respective notifications. It was further directed that all other served States are granted final opportunity to place their respective stand by way of affidavit on record within two weeks from that date. Despite the above orders, the States of Andhra Pradesh, Arunachal Pradesh, Tamil Nadu, Bihar, Maharashtra, Madhya Pradesh and Jharkhand have not filed affidavits. We see no reason as to why the order of this Court should not have been complied with without default. Counsel appearing for the States of Jharkhand and Arunachal Pradesh state that they have the notifications and would be filing affidavits within a short time. While other States have not even made an attempt to issue notifications in relation to all the areas in their States which are Tiger Reserved Areas. Subject to payment of Rs.10,000/- (Rupees Ten Thousand only), as cost, by each State, we grant final opportunity for issuing notification and placing the same on record with affidavits explaining the circumstances for delay. We make it clear that if now the affidavits are not filed, the Court would be compelled to take proceedings under the Contempt of Courts Act for non-compliance of the order of the Court as well as impose exemplary cost to the tune of Rs.50,000/- (Rupees Fifty Thousand only) payable by the Secretary of the concerned States. Let affidavits along with notifications now be filed positively within three weeks from today. No further extension of time would be granted to any State. The cost of Rs.10,000/- (Rupees Ten Thousand only) imposed on the defaulting States shall be deposited with the Supreme Court Legal Service Committee. The National Tiger Conservation Authority of India had placed on record the guidelines on 9th July, 2012. The copies of the said guidelines are stated to have been furnished to all counsel. However, the counsel who have not received the said copy are at liberty to collect the same from the Registry of this Court or from the learned counsel appearing for the Union of India. The comments in relation to the guidelines, if any, should also be filed within three weeks from today. We would take up the matter in relation to finalization of the guidelines on the next date of hearing. Upon finalization the Government of India would be at liberty to issue appropriate notification, duly prescribing utilization and restrictions with regard to the core and buffer areas. We make it clear that till the final directions issued by
this Court with reference to the guidelines submitted by the National Tiger Conservation Authority of India, core zone or the core areas in the Tiger Reserved Areas will not be used for tourism. The petition to come up for final arguments on 22.8.2012.
(NARENDRA PRASAD)
COURT MASTER | |(RENUKA SADANA)
COURT MASTER | |ITEM NO.4 COURT NO.3 SECTION IVA
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).21339/2011
(From the judgement and order dated 19/01/2011 in WPNo.12351/2010 of the HIGH COURT OF M.P. AT JABALPUR)
AJAY DUBEY Petitioner(s)
VERSUS
NATIONAL TIGER CONSERVATION AUTH.& ORS. Respondent(s)
(With appln(s) permission to file additional documents,directions, exemption from filing O.T. and with prayer forinterim relief and office report)(FOR FINAL DISPOSAL)
Date: 03/04/2012 This Petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE DIPAK MISRA
For Petitioner(s) Mr. Raj Panjwani,Sr.Adv. (A.C.) Mr. Rahul Choudhary,Adv. Mr. Aditya Shamlal,Adv. Mr. Ritwick Dutta,Adv.
Ms. Prerna Mehta,Adv.
For Respondent(s) Mr. P.S. Patwalia,Sr.Adv. Mr. R.N. Karanjawala,Adv. Ms. Ruby Singh Ahuja,Adv. Mr. Jatin Mongiya,Adv. Mr. Ishan Gaur,Adv. Mr. Manik Karanjawala,Adv.
For M/S. Karanjawala & Co.,Adv.
Mr. S. Wasim A. Qadri,Adv. Mr. Jubair Ahmad Khan,Adv. Mr. Tamim Qadri,Adv. for Mr. Lakshmi Raman Singh,Adv. 2
Mr. B.S. Banthia,Adv. Mr. Vikas Upadhyay,Adv.
Ms. Anuradha Mutatkar,Adv.
Mr. Rohit Sharma,Adv. Mr. Abhijat P. Medh,Adv.
Ms. Anitha Shenoy,Adv.
Mrs. Lalita Kaushik,Adv.
UPON hearing counsel the Court made the following O R D E R
We have heard the learned counsel for the parties. Mr. Panjwani, learned senior counsel and amicuscuriae has drawn our attention to Section 38(b) andExplanation 1 & 2 of the Wildlife (Protection) Act, 1972.Mr. Panjwani has also drawn our attention to the list ofCore and Buffer areas of Tiger Reserves in India notifiedunder the Wildlife (Protection) Act, 1972, as amended in2006. According to the Chart which has been submitted,following States have not yet notified the area ofBuffer/Peripheral with regard to tiger reserve falling intheir respective States till date:
1. Jharkhand 2. Rajasthan 3. Andhra Pradesh 4. Arunachal Pradesh 5. Uttar Pradesh 6. Tamil Nadu 7. Bihar 8. Tamil Nadu 9. Karnataka 10.Maharashtra
We direct all the concerned States to notify theBuffer/Peripheral area as required under the Wildlife(Protection) Act, with regard to tiger reserve falling inthe States as expeditiously as possible, in any event,within three months from today.
Mr. Qadri, learned counsel appearing on behalf ofthe National Tiger Conservation Authority ("NTCA") hasdrawn our attention to the Office Memorandum dated 17thNovember, 2011 by which a Committee has been constitutedfor finalizing the guidelines relating to the eco-tourismin and around Protected Areas, besides declaration of newTiger Reserves. The Committee has been directed by NTCAto submit its report within six months.
Mr. Qadri, learned counsel appearing on behalf ofthe NTCA, on instructions, submits that a report would besubmitted on or before 17th May, 2012. We direct thelearned counsel for NTCA to place a copy of the report,after it is submitted, on record and the Registry isdirected to make copies of the report available to allthe learned counsel for the parties in this matter.
Notice be issued to the States of Jharkhand,Rajasthan, Andhra Pradesh, Arunachal Pradesh, UttarPradesh, Tamil Nadu, Bihar, Karnataka and Maharashtra.Notice be additionally issued by the Registry to thestanding counsel for these States without the process feeto be filed by the concerned counsel.
List this matter for further direction on 10thJuly, 2012.
We place on record our appreciation for the veryable assistance rendered by the learned senior counseland amicus curiae Mr. Panjwani.
(A.S. BISHT) (INDU SATIJA)COURT MASTER COURT MASTER
ITEM NO.5 COURT NO.3 SECTION IVA
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
I.A. No. 3 inPetition for Special Leave to Appeal (Civil) No(s).21339/2011
(From the judgement and order dated 19/01/2011 in WP No.12351/
2010 of the HIGH COURT OF M.P. AT JABALPUR)
AJAY DUBEY Petitioner(s)
VERSUS
NATIONAL TIGER CONSERVATION AUTH.& ORS. Respondent(s)
(For directions and intervention and with I.A. Nos.4 & 5 forintervention and prayer for interim relief and office report)
Date: 17/10/2011 This Petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE DIPAK MISRA
For Petitioner(s) Mr. Raju Ramachandran,Sr.Adv. Mr. Siddharth Gupta,Adv. Ms. Prerna Mehta,Adv.
For Respondent(s) Mr. Ravindra Shrivastava,Sr.Adv. Ms. Anuradha Mutatkar,Adv. Mr. Anup,Adv.
Mr. S. Wasim A. Qadri,Adv. Mr. Zaid Ali,ADv. for Mr. Lakshmi Raman Singh,Adv.
Mr. B.S. Banthia,Adv. Mr. Vikas Upadhyay,Adv.
Mr. R.N. Karanjawala,Adv. Ms. Manik Karanjawala,Adv. Ms. Ruby Singh Ahuja,Adv. Mr. Abeer Kumar,Adv. Mr. Jatin Mongia,Adv. For M/s. Karanjawala & Co.,Advs.
UPON hearing counsel the Court made the following O R D E R
Applications for intervention are allowed.Rejoinder affidavit/additional documents, if any, may befiled within two weeks. List this matter for final disposal on 3rdNovember, 2011.
(A.S. BISHT) (INDU SATIJA)COURT MASTER COURT MASTER
ITEM NO.2 COURT NO.3 SECTION IVA
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).21339/2011
(From the judgment and order dated 19/01/2011 in WP No.12351/2010 of The HIGH COURT OF MADHYA PRADESH AT JABALPUR)
AJAY DUBEY Petitioner(s)
VERSUS
NATIONAL TIGER CONSERVATION AUTH.& ORS. Respondent(s)
(With application for exemption from filing OfficialTranslation, directions, intervention, permission to fileadditional documents, prayer for interim relief and officereport)
Date: 14/02/2012 This Petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE DIPAK MISRA
For Petitioner(s) Mr. Raj Panjwani, Sr. Adv. Mr. Siddharth Gupta, Adv. Ms. Prerna Mehta, Adv.
For Applicantsin IA No. 3 Ms. Prerna Mehta, Adv.
in IA No. 4 Ms. Anuradha Mutatkar, Adv.
in IA No. 5 Ms. Ruby Singh Ahuja, Adv. Mr. R.N. Karanjawala, Adv. Ms. Manik Karanjawala, Adv. Mr. Ishan Gaur, Adv. Ms. Shruti Katakey, Adv. For M/s. Karanjawala & Co., Advs.
in IA Nos. 6 & 7 Mr. Rohit Sharma, Adv. Mr. Abhijat P. Medh, Adv.
In IA No. 8 Ms. Anitha Shenoy, Adv.
Mr. Rahul Choudhary, Adv. Mr. Saurabh Sharma, Adv.
In IA No. 9 Mr. Sanjay Upadhyay, Adv. Mr. Tushar Thorija, Adv. Ms. Divya Sharma, Adv. Ms. Lalita Kaushik, Adv.
For Respondent(s) Mr. S. Wasim A. Qadri, Adv.For Rrs 1 & 2 Mr. Zubani Ahmad Khan, Adv. Mr. Lakshmi Raman Singh, Adv.
For RRs 3-6 Mr. B.S. Banthia, Adv.
For RR No. 7 Ms. Anuradha Mutatkar ,Adv
UPON hearing counsel the Court made the following O R D E R
Perused the letter circulated by the learned
counsel for the intervenor/respondent No. 7.
Interlocutory Applications seeking
intervention are allowed.
Looking into the importance and far reaching
implications of the matter, we request Mr. Raj
Panjwani, learned Senior Counsel to appear and
assist this Court as an Amicus Curiae.
We direct the Registry to supply entire set
of papers to the learned Amicus Curiae within
three days.
Parties are directed to file all pleadings
and additional documents.
List the matter on 13th March, 2011 for final
disposal.
[KALYANI GUPTA] [INDU SATIJA] COURT MASTER COURT MASTER
