tag:blogger.com,1999:blog-17576848128781117212023-11-15T07:15:05.024-08:00JUDGEMENT OF HIGH COURT AT JAIPUR ABOUT NATIONAL PARKSNaresh Kadyanhttp://www.blogger.com/profile/08419516306288297445noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-1757684812878111721.post-68670723377995482022008-02-17T21:11:00.001-08:002008-02-17T21:11:47.968-08:00IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT<br />JAIPUR BENCH, JAIPUR<br />ORDER<br />1. Girraj Goyal & ors Vs The State of Rajasthan & ors<br />(SB Civil Writ Petition No.8888/2006)<br />2. Rajeev Kumawat & ors Vs The State of Rajasthan & ors<br />(SB Civil Writ Petition No.8450/2004)<br />3. Chiranji Lal Vs State of Rajasthan & ors<br />(SB Civil Writ Petition No. 1564/2007)<br />Writ Petitions under Article 226<br />of the Constitution of India<br />Date of Order: 25th May, 2007.<br />PRESENT<br />HON'BLE MR JUSTICE ASHOK PARIHAR<br />Mr Amin Ali<br />Mr Zakir Hussain<br />Mr Mahendra Singh<br />Mr MS Kachhwaha<br />Mr Amir Aziz<br />Mr Tarun Jain - for petitioners<br />Mr KK Sharma, Asstt Solicitor General, for UOI and National<br />Tiger Conservation Authority<br />Mr Bharat Vyas, Addl Advocate General, for the State<br />Ms Anjana Gosin – for Tiger Trust<br />Mr Raj Panjwani – for WWF<br />Mr GK Garg – for the intervenors<br />Mr Dinesh Yadav – for 'Tigers Watch'<br />Mr Harshvardhan – for 'Tourism & Wildlife Society of India'.<br />Mr RP Garg<br />Mr Alok Sharma<br />Mr R Vyas<br />Mr V Agrawal<br />Mr SN Kumawat - for applicants<br />BY THE COURT:<br />Hunting has been a passion for royal families. It<br />was a pleasure sport for their entertainment, excitement<br />and collecting trophies of wild animals and, may be, to<br />prove their Rule over the Jungle also. The wildlife would<br />have almost extinguished but for the end of the Raj with<br />the Independence of the Country. Some protective and<br />prohibitory legislations had been enforced, however, the<br />situation remained the same. Now the pleasure 'hunting' is<br />sought by the tourists. Remaining finishing work is done by<br />the poachers. The wildlife still running for a safe shelter<br />for their survival and existence. The plight of the King of<br />the jungle can well be imagined. Vehicle owners are worried<br />for their employment, the tour operators for their business<br />and hoteliers looking horrified by empty rooms. All hopes<br />pinned on their business. But, where the wildlife plead for<br />mercy. Under such circumstances, the courts have to<br />intervene and come to their rescue.<br />In spite of all sorts of preliminary and technical<br />objections as usual raised by the respective parties in<br />such situations of claims, counter claims, blames, counter<br />blames and shifting of burden and responsibilities, the<br />courts have to evolve a balancing formula within the<br />parameters of protecting, prohibitory legislations.<br />Though, it is a matter of great debate in regard to fixing<br />the responsibilities and taking appropriate prohibitory and<br />precautionary measures at the level of Center as well as<br />States also and some of the issues been sub judice before<br />the Hon'ble Supreme Court, presently, we are concerned with<br />the Ranthambore National Park to the extent of preservation<br />of tigers and other wildlife, regulating the tourists and<br />vehicles in the park and other subsidiary matters.<br />The Wild Life (Protection) Act, 1972 (for short<br />'the Act of 1972') to provide for the protection of wild<br />animals, birds and plants and for matters connected<br />therewith or ancillary or incidental thereto with a view to<br />ensuring the ecological and environmental security of the<br />country received the assent of the President on 9.9.1972.<br />The Project Tiger was also conceived and established in the<br />year 1972-73. The Founder Director of the Project Tiger –<br />Dr Kailash Sankhala – had observed that the tiger is the<br />spirit of India, our national natural heritage species, one<br />we are pledged to preserve. Even a distant roar of tiger<br />or an alarm call of some animal announcing his presence,<br />charges the whole environment of the Jungle with<br />excitement. He further observed that the broad concept of<br />Project Tiger should be the commitment to the philosophy of<br />total environmental preservation in selected areas and<br />nature be allowed to play its part fully. The management<br />should be limited to eliminating or at least minimizing<br />human disturbance and the repair the damage already done by<br />men. Ranthambore National Park was officially brought under<br />the Tiger Project in the year 1980.<br />Initially, there have been tremendous enthusiasm<br />for protection of tigers and other wildlife for about 10-15<br />years. However, with the influx of huge amount in the<br />projects by the Central Government, World Wildlife Fund<br />(WWF) and other sources, all eyes diverted to such funds<br />instead of keeping watch on the safety of the tigers and<br />the wildlife. It was only because of creation of vested<br />interests that there have been phenomenal fall in the<br />number of tigers and other wildlife. Sariska Sanctuary is<br />the glaring example of the same where entire breed of<br />tigers have been wiped out. The authorities have failed to<br />find out the real fault and fix responsibility and take<br />appropriate action. Enquiry reports are piling in the<br />offices, ministries and the courts only to be covered by<br />dust or finished by the turmeric.<br />So far as Ranthambore National Park is concerned,<br />the first positive report with constructive suggestions was<br />made by Mr RS Kumat, the then Principal Secretary, Revenue<br />Department, Government of Rajasthan in August, 1992 in<br />regard to missing of tigers. The above report could have<br />been taken as a wake-up call, however, as the ill fate<br />would have it, the report appears to have been lost in the<br />corridors of the Secretariat and the Forest Department.<br />Tigers kept on missing. In Ranthambore National Park only,<br />47 tigers in 2004 were reduced to 26 in 2005. The<br />politicians, bureaucrats and the investigating agencies are<br />still beating the bush. The Environmentalists, nature<br />lovers and tourists and the public at large are just<br />baffled and looking at the gloomy situation with<br />astonishment. Though, some measures have now been taken<br />by the State Government and also the Central Government by<br />way of amending the Wild Life (Protection) Act, 1972 in the<br />year 2006. Various authorities, committees, foundations and<br />forums have been established, however, when they will<br />effectively enforce the law, it is a big question to be<br />answered by the God only.<br />Initially, the petitioners had the main grievance<br />against the Tourism Department in interfering with the<br />affairs of the Ranthambore National Park, particularly,<br />regulating the tourists and the vehicles in the park. A<br />prayer had been made for a long term fix plan in this<br />regard with complete control of the Forest Department and<br />the Wild Life Authorities as has been provided under the<br />Act of 1972 itself. Surprisingly, it has been a very<br />healthy welcome gesture on part of all the parties<br />including vehicle owners, tour operators, hoteliers,<br />environmentalists, wild life organisations as also Central<br />Government and the State Government to pray for some<br />definite positive directions from this court, in the<br />interest of protection of tigers and the wildlife,<br />particularly, in Ranthambore National Park. It has become<br />an unfortunate tendency of the Governments and the<br />enforcement agencies to act only when some directions are<br />issued by the courts and not to take effective measures of<br />their own.<br />As per the directions issued by this Court,<br />various details have been submitted on behalf of the State<br />Government as also the National Tiger Conversation<br />Authority. Many proposals and suggestions have also been<br />put on record for assistance and convenience of the court<br />in deciding the issues involved.<br />After having considered submissions of learned<br />counsel for the parties, material available on record, the<br />provisions of the Act and the Rules thereunder, I deem it<br />just and proper to issue following directions so far as<br />Ranthambore National Park is concerned:-<br />1. Kumat Committee Report – The Report is a comprehensive<br />study of the entire situation existed at the Ranthambore<br />National Park. The same conditions are still prevailing.<br />The Committee has given some concrete proposals on each<br />aspect which may, with certain modifications, be accepted<br />by the State Government.<br />2. Parking Complex – There is a large chunk of land at<br />Sherpur Tiraha, which can be developed as a Parking Complex<br />after levelling and proper landscaping the entire land from<br />Sherpur Tiraha upto Electric Sub-Station. Apart from having<br />enough parking place accommodating atleast 200 vehicles<br />including buses, private cars, taxies, four wheelers as<br />also two wheelers, the Complex may also have a Tourist<br />Information Center and a Booking Office. Refreshment Center<br />with Rest Rooms should also be provided at the Complex for<br />convenience of the tourists as also pilgrims visiting the<br />Ganesh Temple. Some kiosks may also be set-up for selling<br />'pooja samagri' for the pilgrims. The entire Complex can<br />also be developed as a Tourist Center where the tourists<br />apart from getting all the informations and bookings may<br />also get some entertainment as well. If required, proper<br />additional land of the surrounding area may also be<br />acquired for the purpose.<br />No vehicle, private or taxi, be allowed to enter<br />the National Park beyond Sherpur Tiraha check point<br />popularly known as Mishra Darra Gate except for the<br />vehicles permitted to take tourists to the park or pilgrims<br />upto Jogi Mahal Gate. The official vehicles of the Forest<br />and National Park authorities are exempted from such<br />restriction. For other Government vehicles, special<br />permission of the Dy Conservator of Forest, Dy Field<br />Director In-charge of the National Park can be sought.<br />3. Nature of vehicles – Pollution free atmosphere is prime<br />consideration for protection of wildlife and environment of<br />the National Park. CNG run vehicles are ideal for such<br />locations. The Central Government may seriously consider<br />the proposal for setting up atleast one CNG outlet at Sawai<br />Madhopur near National Park area so as to cater for atleast<br />those vehicles which are allowed to enter the National Park<br />carrying either tourists or the pilgrims. Till such<br />proposal is finalsed, only petrol run vehicles can be<br />allowed to go beyond Sherpur Tiraha Check Post which should<br />be marked as Main Entry Point for all vehicles carrying<br />tourists and pilgrims. Number and type of vehicles to enter<br />the park can be decided by the Park Authorities in<br />consultation with the District authorities as also<br />Transport authorities. The prime consideration should be<br />the safety, security and privacy of the wildlife as far as<br />possible. Number of passengers, including a Driver and a<br />Guide, in a vehicle, in no case, should be more than 20.<br />The number of vehicles and the tourists visiting the<br />National Park can be fixed by the Park authorities. All the<br />vehicles allowed to enter the Park area should be duly<br />registered for the particular purpose and certificate in<br />this regard be pasted on the front screen. The vehicles<br />should be driven by authorised Drivers and every vehicle<br />should be accompanied by a properly trained and licenced<br />Guide. It should be the responsibility of the Driver and<br />the Guide to strictly adhere to the norms fixed by the Park<br />authorities within the Park area. If there is any violation<br />of any of the norms, the licence of the Driver as also the<br />Guide should be made liable to be cancelled after giving<br />one warning. The rotation of the vehicles carrying tourists<br />in the Park can be fixed by the authorities in consultation<br />with the vehicle owners. A proper register be maintained at<br />the entrance gate. Number of each vehicle, name of the<br />Driver and Guide accompanying the tourists, time of entry<br />and exit may be noted in the register. After due notice,<br />the above directions should be made effective from<br />1.8.2007.<br />4. Pilgrims visiting the Ganesh Temple – There is a very<br />small parking area at the Jogi Mahal Gate of the National<br />Park. The pilgrims go on foot upto the Ganesh Temple from<br />that point. The authorities may allow petrol run vehicles<br />as public transport to carry pilgrims upto Jogi Mahal<br />Gate. Public transport system be so devised that not more<br />than three vehicles be allowed to enter Sherpur Tiraha<br />Check Point every half an hour and such vehicles may be<br />allowed to park at Jogi Mahal Gate parking area only for<br />half an hour. The rotation of the vehicles may also be<br />fixed by the authorities in consultation with the vehicle<br />owners. Proper authorisation certificate for carrying<br />pilgrims be pasted on the front screen of each vehicle. The<br />rates of tickets for passengers may also be fixed by the<br />authorities so that the vehicle owners may not exploit the<br />pilgrims. All the entry tickets for the tourists visiting<br />the Park area and the pilgrims visiting the temple should<br />be issued at the Parking Complex only at Sherpur Tiraha.<br />The District Collector may appoint a Committee including Dy<br />Conservator of Forest and Dy Field Director In-charge of<br />the Park, District Transport Officer and the Additional<br />District Magistrate to fix up the modalities of rotation of<br />such transport vehicles and the decision of the Committee<br />shall be final. Directions be complied with and made<br />effective from 1.8.2007.<br />5. Parking at Jogi Mahal Gate – There is a small cramped<br />area outside Jogi Mahal Gate from where tourists enter the<br />main Park or the pilgrims go to the Ganesh Temple on foot.<br />The area be so developed that not more than five vehicles<br />be parked at a time. There may be one small Tourist<br />Information Center with a proper Check Post for guards and<br />security personnel. Entry of every vehicle reaching the<br />point should be duly registered in a register. No<br />commercial activity, whatsoever, be allowed to take place<br />in that area. The pilgrims may buy their 'prasad' and other<br />items from the Sherpur Tiraha Parking Complex only. Plastic<br />bags and bottles be totally banned in the entire area upto<br />the Ganesh temple. Smoking may be strictly prohibited not<br />only in the Park area but on the entire route upto the<br />Ganesh Temple.<br />6. Eco-sensitive Zone – Under the law, the eco-sensitive<br />zone has to be maintained and guarded strictly. All<br />encroachments in the eco-sensitive zone beyond Sherpur<br />Tiraha Check Post be removed immediately. After proper<br />demarcation, entire eco-sensitive zone around National Park<br />area be safeguarded by construction of wall or wire<br />fencing. There should be no leniency, relaxation or<br />protection of any encroachment by whosoever powerful person<br />within the eco-sensitive zone. All constructions, even as<br />per prior permission, be removed after due notice to the<br />party and it is expected of the Courts also not to pass ex<br />parte injunction orders without notice to the authorities<br />and verifying the facts. It has also been brought to the<br />notice of the Court that some of the hotels and resorts<br />adjoining Park boundary have opened their gates in the Park<br />area also. Dy Conservator of Forest and Dy Field Director<br />In-charge of the National Park is directed to close all<br />such outlets and gates immediately and remove encroachments<br />as well in the Park area with the assistance of the police<br />and local authorities.<br />7. Path to the Ganesh Temple – Most of the pilgrims visit<br />Ganesh Temple on foot from Jogi Mahal Gate. The entire path<br />upto the Ganesh temple be maintained properly. Necessary<br />sheds with drinking water facility be provided after every<br />30 yards on the entire steep hilly track upto Ganesh Temple<br />with due permission of the Archaeological Department. The<br />temple area may also be developed properly removing all<br />encroachments made there.<br />8. Maintenance and development of National Park<br />- Fencing - The entire National Park should be secured by<br />construction of atleast six feet high wall with proper<br />gates and check posts at appropriate places. The fencing be<br />done on priority basis so as to avoid encroachments in the<br />Park area as also secure safety of the wildlife animals of<br />the Park. The construction of high wall shall also check<br />illegal and unauthorised grazing in the Park area.<br />- Staff – There is acute shortage of staff including<br />Forest Guards, Cattle Guards and Rangers in the National<br />Park. The security has been entrusted to the Home Guards<br />and RAC constables along with few Forest Guards. There have<br />been no regular recruitment for Forest Guards for last so<br />many years. As per information given, there is requirement<br />of minimum 450 personnel including Forest Guards, Rangers<br />and officers for manning the entire National Park. The<br />State Government is directed to sanction the requisite<br />number of posts in each category urgently. The Chief<br />Wildlife Warden, in consultation with the Dy Conservator of<br />Forest In-charge of the National Park may send the<br />requisition for required number of staff for proper<br />sanction from the State Government and recruitment be made<br />as early as possible preferably within six months.<br />Preference in the lower cadre posts should be given to the<br />persons of the local area so that they may have some<br />affinity with their own area to protect the environment and<br />the wildlife in the National Park. Proper training and<br />regular refresher courses be conducted for every staff<br />member. The Forest Guards crossing the age of 45 years be<br />preferably given duties in the office or the gates<br />- Vehicles – Considering the large area covered under<br />the National Park very few vehicles have been provided to<br />the staff of the Park for patrolling and other maintenance<br />work. The Chief Wildlife Warden, in consultation with the<br />Dy Conservator of Forest and Dy Field Director In-charge of<br />the National Park may send the requisition for number of<br />vehicles required for Park. The State Government is<br />directed to issue sanction urgently. It may be pointed out<br />here that only petrol run vehicles should be provided for<br />all sort of duties and works within the Park area. Nonpetrol<br />run vehicles, if any, may immediately be replaced by<br />petrol run vehicles.<br />- Equipments to the staff – All staff members including<br />Forest Guards should be provided with electronic equipments<br />as far as possible so as to inform each and every activity<br />noticed by them to the Central Control Room. Some<br />electronic device like GPS system may also be developed so<br />as to locate and control all the vehicles within the Park<br />area. The staff should also be provided suitable weapons<br />for their own safety as also protection of wildlife from<br />the poachers.<br />- Finance – National Parks are duly notified under a<br />statute. They have to be treated as independent bodies<br />having complete autonomy. It has been reported that funds<br />are released by the National Tiger Conservation Authority,<br />Central Government as also other organisations for<br />conservation and protection of tigers specially for<br />Ranthambore National Park, however, the same are not fully<br />released by the State Government and, even if released, the<br />same are not properly utilised for development of the Park.<br />The entire financial control is kept by the State<br />Government. At times, the funds given to the National Park<br />are diverted to other schemes by the State Government on<br />one pretext or the other. It is, therefore, directed that a<br />separate account be opened in the name of Ranthambore<br />National Park and all funds received, from whatever<br />sources, should be deposited in the same account at the<br />disposal of the Chief Wildlife Warden as also the Dy<br />Conservator of Forest and Dy Field Director In-charge of<br />the National Park. Even the amount collected from the entry<br />tickets and the Eco Development Cess should be exclusively<br />utilised for development of the Park itself. The National<br />Tiger Conservation Authority as also other organisations<br />giving huge amount for development of the Park should have<br />excess to the accounts and bring it to the notice of the<br />higher authorities for taking action against the defaulting<br />officers for not utilising the amount properly in the<br />interest of the Park.<br />- Prosecution for offences under the Wildlife Act – To<br />check the large scale poaching as reported, there has to be<br />a separate prosecution wing under the Act of 1972 for every<br />National Park. The legal assistance from the experts can be<br />sought by the Prosecutors. The State Government, in<br />consultation with the High Court, may establish Special<br />Courts in certain areas for prosecution for the offences<br />under the Act of 1972. The investigation and trial should<br />be completed as expeditiously as possible preferably within<br />six months.<br />- Rewards for exceptional work under the Act of 1972 – As<br />provided under the Act itself, giving of rewards should be<br />made regular feature every year to encourage employees and<br />staff of the Park for protection of wildlife and<br />environment as well. Though, there is a limit prescribed<br />under the Act for giving cash reward upto Rs.10,000/-,<br />however, the categories may be fixed for such rewards for<br />protection of wildlife, protection of environment, giving<br />information about poachers and by apprehending them and<br />stopping illegal activities in the Park area. The private<br />organisations may also come forward for giving special<br />awards to the employees for their exceptional work in the<br />interest of the wildlife and environment.<br />- Shifting of villages from the Park area – Though,<br />proposals for shifting of villages from the Park area is<br />under consideration with the State Government as also the<br />Central Government, however, it will be just and proper<br />that after identifying rehabilitating area the villagers<br />should be shifted only after sufficient infrastructure been<br />developed. The compensation fixed by the government is<br />inadequate. It is only after providing basic infrastructure<br />including drinking water, electricity, roads and even<br />construction of houses, effective shifting of the villages<br />can be done. The compensation proposed is only for<br />displacement of the persons from one place to another. Some<br />small cottage industries may also be developed in the area<br />so that persons, so shifted, can easily earn their<br />livelihood.<br />- Prohibition of weapons – All sort of weapons including<br />firearms should be prohibited in the entire Park area<br />except for the weapons officially provided to the staff.<br />The weapons so found unauthorisedly in the Park area be<br />immediately confiscated and person carrying the same be<br />prosecuted.<br />- Responsibility of the officers of the Park – Since<br />entire control of the National Park is given to the Chief<br />Wildlife Warden and Dy Conservator of Forest and Dy Field<br />Director In-charge of the Park, they should be made<br />responsible for proper protection and development of the<br />Park including check on poaching and illegal activities in<br />the Park area.<br />- Check on Tourists – Eco friendly Tourism is catch of<br />the day but tourism should not be developed in the National<br />Park at the cost of safety, security and discomfort for the<br />wildlife. Generating awareness for saving wildlife can<br />never be made a profit making tourist programme.<br />All vehicles carrying tourists in the Park area<br />must keep distance of atleast 30 yards from the wild<br />animals cited and minimum 50 yards from the cubs around. No<br />vehicle should, in any case, leave the road fixed for<br />particular route.<br />Use of flash in the cameras or other photography<br />equipments should be totally prohibited.<br />The National Park should be closed totally for<br />tourists atleast twice a week. The closure days can be<br />fixed and notified by the Park authorities.<br />Booking of tickets can be done on-line only upto<br />60% of the daily tickets to be issued for the tourists.<br />Rest 40% be sold at the Booking Office at the main Parking<br />Complex.<br />There should be no interference of the Tourism<br />Department in regard to issuing entry tickets or otherwise<br />so far as National Park area is concerned. The Tourism<br />Department can only assist the Park authorities upto the<br />Parking Complex.<br />– Safari Park – As has been informed that proposal for<br />developing a Tiger Safari park at Sawai Madhopur is<br />already under consideration of the Government. The<br />proposal be expedited and implemented as early as<br />possible to ease out pressure of tourists on the National<br />Park.<br />No industry or commercial activity be allowed or<br />permitted around National Park affecting over all ecology<br />and environment of the area.<br />Above directions are only broad guidelines which<br />should be implemented immediately by the concerned<br />authorities. Rest of the work is to be done by the Forest<br />authorities established under the amending Act of 2006.<br />Above directions, by and large, may also be applied to<br />other National Parks with certain modifications as per<br />conditions of the particular area.<br />Due appreciation is recorded for Mr Kamlakar<br />Sharma, Mr Bharat Vyas, Ms Anjana Gosin, Mr Raj Panjwani,<br />Dr MS Kachhwaha, Mr Harshwardhan and all counsel for their<br />assistance in the present matter.<br />With the above directions, all the writ petitions<br />are disposed of accordingly.<br />(Ashok Parihar) J.<br />bnsharmaNaresh Kadyanhttp://www.blogger.com/profile/08419516306288297445noreply@blogger.com0