Case Note & Summary
The case involved a public interest litigation concerning the translocation of Asiatic lions from the Gir National Park in Gujarat to Kuno Wildlife Sanctuary in Madhya Pradesh. The applicants, Centre for Environment Law, WWF-I, argued for the necessity of a second home for the endangered species to ensure their long-term survival. The Wildlife Institute of India had conducted extensive research indicating that Kuno was a historically suitable habitat for the lions, and a series of surveys confirmed its viability. The Madhya Pradesh government had initiated a rehabilitation package for villagers residing in Kuno, which required legal approval under the Forest (Conservation) Act, 1980. The Ministry of Environment and Forests approved the diversion of forest land for this purpose. However, the Gujarat government opposed the translocation, citing concerns over prey availability and the presence of tigers in Kuno. The court analyzed the arguments from both states, emphasizing the importance of scientific input and the need for a second home for the lions to prevent potential extinction risks. Ultimately, the court upheld the necessity of the translocation, directing the involved parties to cooperate in the conservation efforts. The decision underscored the legal and ecological imperatives for protecting the Asiatic lion population.
Headnote
A) Wildlife Conservation - Translocation of Species - Necessity for Second Home - Wild Life (Protection) Act, 1972, Section 12(bb) - The court recognized the need for a second habitat for Asiatic lions to mitigate risks of extinction due to limited geographical spread and threats from natural calamities. It held that scientific studies supported the translocation to Kuno as a viable conservation strategy (Paras 1-30).
Issue of Consideration
Whether the translocation of Asiatic lions from Gujarat to Kuno Wildlife Sanctuary in Madhya Pradesh is necessary for their long-term survival.
Final Decision
The Supreme Court directed the translocation of Asiatic lions from Gujarat to Kuno Wildlife Sanctuary, emphasizing the need for a second habitat to ensure their long-term survival and mitigate risks associated with their limited geographical distribution.
Law Points
- Wildlife conservation
- translocation of species
- ecological balance
- Forest (Conservation) Act
- 1980
- Wild Life (Protection) Act
- 1972
