Case Note & Summary
The case involved a challenge to the reduction of the Narayan Sarovar Chinkara Sanctuary area by the State Legislature. The petitioner, Consumer Education and Research Society, filed a writ petition against the government notification and resolution that reduced the sanctuary area from 765.79 Sq. K.M. to 444.23 Sq. K.M. The original sanctuary was declared in 1981 under the Wildlife Protection Act, 1972, but subsequent notifications in 1993 and 1995 altered its boundaries. The High Court dismissed the petition, stating that the State Legislature was aware of wildlife conservation needs and that the reduced area was sufficient for the Chinkara population. The court emphasized that economic development was necessary for the backward area of Kutch District and that conditions were imposed to prevent pollution from industrial activities. The Supreme Court upheld the High Court's decision, affirming the legislative authority to make such changes under the Wildlife Protection Act.
Headnote
A) Wildlife Protection - Legislative Authority - Validity of Sanctuary Area Reduction - Wildlife Protection Act, 1972, Section 26A(3) - The State Legislature's resolution to reduce the sanctuary area was upheld as it was deemed necessary for economic development while ensuring wildlife protection. The court noted that the area retained was sufficient for the wildlife population and that conditions were imposed to mitigate environmental impacts. Held that the legislative action was within the powers conferred by the Act (Paras 1-2).
Issue of Consideration
Whether the reduction of the area of the Narayan Sarovar Chinkara Sanctuary was lawful and justified under the Wildlife Protection Act, 1972.
Final Decision
The Supreme Court dismissed the petition, upholding the High Court's decision that the legislative action was valid and necessary for economic development while ensuring wildlife protection.
Law Points
- Wildlife protection
- Legislative powers
- Environmental impact assessment
