Supreme Court Directs State to Implement Wildlife Conservation Measures for Endangered Species. The court mandated the State of Chhattisgarh to take immediate steps for the conservation of the wild buffalo, ensuring genetic purity and adequate funding for wildlife habitats.

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Case Note & Summary

The case involved a petition concerning the conservation of the endangered Asiatic Wild Buffalo in the Udanti Wildlife Sanctuary, Chhattisgarh. The petitioner sought directions for the preparation of a rescue plan, funding for conservation efforts, and measures to prevent interbreeding with domestic buffalo. The State of Chhattisgarh submitted an affidavit detailing its conservation efforts, but acknowledged financial constraints affecting the implementation of its management plan. The Central Empowered Committee (CEC) was directed to conduct an inquiry, leading to the formation of a task force to develop an action plan. The court noted that the steps taken by the State were inadequate and highlighted the need for a comprehensive scheme to address the conservation of wildlife, including the wild buffalo. The court emphasized the importance of the Wildlife (Protection) Act, 1972, and the constitutional duty to protect the environment. It directed the State to take immediate actions to ensure the genetic purity of the wild buffalo, conduct research, and submit an Annual Plan of Operations to the Central Government. The judgment underscored the necessity of balancing human development with wildlife conservation, advocating for ecocentric approaches to environmental protection.

Headnote

A) Environmental Law - Wildlife Conservation - State Obligations - Wildlife (Protection) Act, 1972 - The court directed the State of Chhattisgarh to fully implement the Centrally Sponsored Scheme for the Integrated Development of Wildlife Habitats to save the endangered wild buffalo from extinction, ensuring genetic purity and conducting research on the species. Held that immediate steps must be taken to protect the wild buffalo and its habitat (Paras 23-24).

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Issue of Consideration

Whether the State of Chhattisgarh is fulfilling its obligations under the Wildlife (Protection) Act, 1972 to conserve the endangered wild buffalo.

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Final Decision

The court directed the State of Chhattisgarh to fully implement the Centrally Sponsored Scheme for the Integrated Development of Wildlife Habitats, take immediate steps to ensure genetic purity of the wild buffalo, conduct research, and submit an Annual Plan of Operations to the Central Government within three months.

Law Points

  • Wildlife conservation
  • Endangered species protection
  • State responsibilities
  • Environmental law
  • Anthropocentrism vs. ecocentrism
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Case Details

2012 LawText (SC) (02) 165

Writ Petition (C) No. 202 of 1995

2012-02-13

K.S. Radhakrishnan, Chandramauli Kr. Prasad

T.N. Godavarman Thirumulpad

Union of India & Others

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Nature of Litigation

Petition for directions regarding the conservation of the endangered wild buffalo.

Remedy Sought

Directions for a rescue plan, funding, and measures to prevent interbreeding.

Filing Reason

To address the extinction threat to the wild buffalo.

Previous Decisions

The State's previous efforts were deemed inadequate.

Issues

State's compliance with wildlife conservation obligations Effectiveness of conservation measures for endangered species

Submissions/Arguments

The State cited financial constraints in implementing conservation measures. The petitioner argued for immediate action to protect the wild buffalo.

Ratio Decidendi

The court emphasized the State's duty under the Wildlife (Protection) Act, 1972 to conserve endangered species and the need for immediate action to protect wildlife habitats.

Judgment Excerpts

The State of Chhattisgarh filed its reply affidavit on 30.01.2006 explaining the steps taken to conserve and preserve the endangered species. This Court on 08.09.2006 passed an order directing the Central Empowered Committee (CEC) to conduct an enquiry and submit a report. Steps taken by the State of Chhattisgarh to preserve and conserve the wild buffalo which was declared as a State Animal is far from satisfactory.

Procedural History

The case began with a writ petition filed in 1995, followed by various affidavits and reports submitted by the State and the CEC, leading to the court's directives in 2012.

Acts & Sections

  • Wildlife (Protection) Act, 1972: Section 2(27), Section 8, Section 9, Section 36A
  • Constitution of India: Article 48A, Article 51A(g)
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