SLP (Civil)

21339/2011

STATUS

PENDING

Cause Title
AJAY DUBEY Vs. NATIONAL TIGER CONSERVATION AUTH.& ORS.

Advocate Details
Pet. Adv. Res. Adv. MS. PRERNA MEHTA 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 S U P R E M E

SECTION IVA

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 The HIGH COURT OF M.P AT JABALPUR) AJAY DUBEY VERSUS NATIONAL TIGER CONSERVATION AUTH.& ORS. Respondent(s) Petitioner(s)

(With appln(s) for permission to file additional documents and directions and exemption from filing O.T. and impleadment as party respondent and with prayer for interim relief and office report) (FOR FINAL DISPOSAL) Date: 24/07/2012 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. This Petition was called on for hearing today.

For Respondent(s)

Mr. Mr. Mr. Mr. Mr. Ms. Mr. Ms.

S.P. Singh,Sr.Adv. D.S. Parmar,Adv. Susheel Tomer,Adv. Anil Kumar Gupta-II,Adv. Sanjay Upadhyay,Adv. Lalitha Kaushik,Adv. Tushar Thareja,Adv. 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 S U P R E M E COURT NO.3 SECTION IVA

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 the HIGH COURT OF M.P. AT JABALPUR) AJAY DUBEY VERSUS NATIONAL TIGER CONSERVATION AUTH.& ORS. Respondent(s) Petitioner(s)

(With appln(s) permission to file additional documents, directions, exemption from filing O.T. and with prayer for interim relief and office report) (FOR FINAL DISPOSAL) Date: 03/04/2012 CORAM : HON'BLE MR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE DIPAK MISRA This Petition was called on for hearing today.

For Petitioner(s)

Mr. Mr. Mr. Mr.

Raj Panjwani,Sr.Adv. (A.C.) Rahul Choudhary,Adv. Aditya Shamlal,Adv. 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. Mr. S. Wasim A. Qadri,Adv. Jubair Ahmad Khan,Adv.

Mr. for Mr.

Tamim Qadri,Adv. 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 amicus curiae has drawn our attention to Section 38(b) Explanation 1 & 2 of the Wildlife (Protection) Act, 1972. Mr. Panjwani has also drawn our attention to the list of Core and Buffer areas of Tiger Reserves in India notified under the Wildlife (Protection) Act, 1972, as amended in 2006. According to the Chart which has been submitted, following States have not yet notified the area Buffer/Peripheral with regard to tiger reserve falling in their 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 the Buffer/Peripheral area as required under the (Protection) Act, with regard to tiger reserve falling in the States as expeditiously as possible, in any event, within three months from today. Mr. Qadri, learned counsel appearing on behalf of the National Tiger Conservation Authority ("NTCA") has drawn our attention to the Office Memorandum dated 17th November, 2011 by which a Committee has been constituted

and

of

Wildlife

for finalizing the guidelines relating to the eco-tourism in and around Protected Areas, besides declaration of new Tiger Reserves. The Committee has been directed by NTCA to submit its report within six months. Mr. Qadri, learned counsel appearing on behalf of the NTCA, on instructions, submits that a report would be submitted on or before 17th May, 2012. We direct the learned counsel for NTCA to place a copy of the report, after it is submitted, on record and the Registry is directed to make copies of the report available to all the learned counsel for the parties in this matter. Notice be issued to the States of Jharkhand, Rajasthan, Andhra Pradesh, Arunachal Pradesh, Uttar Pradesh, Tamil Nadu, Bihar, Karnataka and Maharashtra. Notice be additionally issued by the Registry to the standing counsel for these States without the process fee to be filed by the concerned counsel.

List July, 2012.

this

matter

for

further

direction

on

10th

We place on record our appreciation for the very able assistance rendered by the learned senior counsel and amicus curiae Mr. Panjwani.

(A.S. BISHT) COURT MASTER

(INDU SATIJA) COURT MASTER

ITEM NO.5 S U P R E M E

COURT NO.3

SECTION IVA

C O U R T O F I N D I A RECORD OF PROCEEDINGS

I.A. No. 3 in Petition 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 for intervention and prayer for interim relief and office report) Date: 17/10/2011 CORAM : HON'BLE MR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE DIPAK MISRA This Petition was called on for hearing today.

For Petitioner(s)

Mr. Raju Ramachandran,Sr.Adv. Mr. Siddharth Gupta,Adv. Ms. Prerna Mehta,Adv. 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. M/s. Karanjawala & Co.,Advs.

For Respondent(s)

For

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 be filed within two weeks. List this matter for final disposal on 3rd November, 2011.

(A.S. BISHT) COURT MASTER

(INDU SATIJA) COURT MASTER

ITEM NO.2 S U P R E M E

COURT NO.3

SECTION IVA

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 12351/2010 of The HIGH COURT OF MADHYA PRADESH AT JABALPUR) AJAY DUBEY VERSUS NATIONAL TIGER CONSERVATION AUTH.& ORS. Respondent(s) No. Petitioner(s)

(With application for exemption from filing Official Translation, directions, intervention, permission to file additional documents, prayer for interim relief and office report) Date: 14/02/2012 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. Ms. Prerna Mehta, Adv. Ms. Anuradha Mutatkar, Adv. Ms. Mr. Ms. Mr. Ms. For Ruby Singh Ahuja, Adv. R.N. Karanjawala, Adv. Manik Karanjawala, Adv. Ishan Gaur, Adv. Shruti Katakey, Adv. M/s. Karanjawala & Co., Advs. This Petition was called on for hearing today.

For Applicants in IA No. 3 in IA No. 4 in IA No. 5

in IA Nos. 6 & 7 In IA No. 8

Mr. Rohit Sharma, Adv. Mr. Abhijat P. Medh, Adv. Ms. Anitha Shenoy, Adv. Mr. Rahul Choudhary, Adv. Mr. Saurabh Sharma, Adv. Mr. Sanjay Upadhyay, Adv.

In IA No. 9

Mr. Ms. Ms. For Respondent(s) For Rrs 1 & 2

Tushar Thorija, Adv. Divya Sharma, Adv. Lalita Kaushik, Adv.

Mr. S. Wasim A. Qadri, Adv. Mr. Zubani Ahmad Khan, Adv. Mr. Lakshmi Raman Singh, Adv. Mr. B.S. Banthia, Adv. 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

For RRs 3-6 For RR No. 7

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 three days. Parties are directed to file all pleadings and additional documents. List the matter on 13th March, 2011 for final disposal. Amicus Curiae within

[KALYANI GUPTA] COURT MASTER

[INDU SATIJA] COURT MASTER