Disposed

Pramod Kalita and 2 Ors. v. the Union of India and 17 Ors.

Gauhati HC4 Apr 2024I.A.(Civil)/924/2024

Case brief

AI extract

What is this about?

An I.A. by PIL petitioners sought restraint on landfill and construction around Deepor Beel pending demarcation notifications. The Court learned the State Cabinet had decided to de-notify the Deepor Beel Wildlife Sanctuary despite the Division Bench having affirmed its notification and an SLP pending before the Supreme Court.

What the court decided

AI extract

Pramod Kalita and 2 Ors. Vs the Union of India and… — Environment and Pollution | Gauhati HC (2024)

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Page No.# 1/7

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GAHC010058202024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/924/2024

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PRAMOD KALITA AND 2 ORS

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S/O UTTAM KALITA, BY OCCUPATION-CATTLE FARMER, R/O VILLCHAKARDO, NEAR DEEPOR BEEL RANGE OFFICE, P.O.-AZARA, DISTKAMRUP (M), ASSAM-781017

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2: SONESH TERON S/O LATE BINAN TERON BY OCCUPATION-FARMER R/O VILL-PAMOHI P.O. AND P.S.-GARCHUK DIST-KAMRUP(M) ASSAM-781035

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3: DIPAK TERANG S/O LATE RADHARAM TERANG BY OCCUPATION-SELF BUSINESS R/ OVILL-PAMOHI P.O. AND P.S.-GARCHUK DIST-KAMRUP (M) ASSAM-78103

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VERSUS

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THE UNION OF INDIA AND 17 ORS

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REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003

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2:THE MINISTRY OF INDIAN RAILWAYS REPRESENTED BY ITS SECRETARY

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RAIL BHAWAN HEAD QUARTERS 1 RAISINA ROAD NEW DELHI

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3:MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE

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Page No.# 2/7

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NORTH EASTERN REGIONAL OFFICE LAW-U-SIB LUMBATNGEN NEAR MTC WORKSHOP SHILLONG-7930211 4:THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI-781006 5:THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM REPRESENTING THE COMMITTEE APPOINTED BY THE NATIONAL GREEN TRIBUNAL KOLKATTA EAST ZONE (TO MONITOR ACTIVITIES IN DEEPOR BEEL AREA WITH SPECIFIC TOR) DISPUR SECRETARIAT COMPLEX GUWHAATI-6 6:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE H-BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GUWAHATI-781006 ASSAM 7:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) H-BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GUWHAATI-781006 ASSAM 8:THE COMMISSIONER AND SECRETARY GUWAHATI MUNICIPAL ADMINISTRATION GUWAHATI 9:THE GUWHAATI MUNICIPAL CORPORATION REPRESENTED BY ITS CHAIRMAN GUWAHATI 10:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER BHANGAGARH GUWAHATI

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11:STATE BOARD FOR WILDLIFE REPRESENTED BY ITS CHAIRMAN DISPUR SECRETARIAT COMPLEX GUWAHATI-781006 12:THE NORTH EASTERN FRONTIER RAILWAY REPRESENTED BY ITS CHIEF GENERAL MANAGER HEAD QUARTERS MALIGAON GUWAHATI 13:THE ASSAM STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SECRETARY GUWAHATI 14:CHIEF GENERAL MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI ASSAM 15:THE ASSAM TOURISM DEVELOPMENT CORPORATION REPRESENTED BY ITS DIRECTOR GUWAHATI 16:THE DEPUTY COMMISSIONER KAMRUP (M) GUWAHATI 17:CENTRAL WETLAND REGULATORY AUTHORITY REPRESENTED BY PCCF AND HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI-781037 18:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF WATER RESOURCES DISPUR GUWAHATI-78100

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For the Petitioner : Mr. D.K. Das, Advocate

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Mr. M. Khataniar, Advocate Mr. H. Betala, Advocate For the Respondents : Mr. D. Saikia, AG, Assam

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Page No.# 4/7

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Ms. P. Baruah, Advocate Mr. S. Baruah, SC, PCB Mr. C. Sarma, Advocate Mr. S.K. Medhi, CGC Mr. B. Chakraborty, Advocate

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BEFORE

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HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 05-04-2024

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(Vijay Bishnoi, CJ)

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This I.A. is filed on behalf of the PIL petitioner with a prayer to issue a direction

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to the concerned authority not to do land fill up in the Deepor Beel area and not to allow any type of construction activities in and around the Deepor Beel site till the demarcation notification of Ramsar Site of Deeper Beel is made along with the notification for its Ecosensitive Zone as required under the Wetland (Conservation and Management) Rules, 2017 and place the record pertaining to the Cabinet decision taken or pending approval of the Eco-sensitive Zone of Deepor Beel.

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It appears that during the pendency of this I.A. the counsel for the petitioner has informed this Court that on 27-03-2024 that the State Cabinet has already taken a decision to de-notify the Deeper Beel Wildlife Century. The learned Advocate General,

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Assam Mr. D. Saikia on 03-04-2024 has submitted that though the State Cabinet has decided to de-notify the Deepor Beel Wildlife Century, however, no formal notification has

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Page No.# 5/7

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been issued till date and he prays for some time to file response on behalf of the State Government.

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Today an additional affidavit is filed on behalf of the State Government wherein it is stated that the Cabinet in its meeting has decided to de-notify the Deepor Beel Wildlife Century while taking into note of the fact that at the time of notifying the Deepor Beel area as Wildlife Century in the year 2009, certain formalities, which are mandatory in nature, has not been carried out. It is also submitted that though the Cabinet has taken a decision to de-notify the Deepor Beel Wildlife Century but no formal notification has been issued till date in the absence of certain formalities such as to seek prior permission from the State Board of Wildlife and National Board of Wildlife and also prior approval from the Hon’ble Supreme Court. It is stated in the affidavit that only after getting approval from the State Board of Wildlife and National Board of Wildlife as well as from the Supreme Court, the notification for de-notifying the Deepor Beel Wildlife Century will be issued.

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Having heard the learned Advocate General, Assam and after taking into consideration the fact that the State Government had declared the Deepor Beel as Wildlife Century by issuing a notification in the year 2009, the said notification was challenged before this Court by way of filing W.P.(C) No. 4113/2009 and the fact that the learned Single Judge of this Court has set aside the said notification dated 21-02-2009 vide decision dated 21-12-2017. The said decision of the learned Single Judge was challenged before the Division Bench of this Court by the State of Assam and the Division Bench of this Court vide judgment dated 24-03-2023 passed in W.A. No. 02/2018, has reversed the judgment of the learned Single Judge by allowing the appeal filed by the State. Now

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suddenly the State Government has come up with the stand that in the year 2009, when the Deepor Beel Wildlife Century was notified, certain formalities, which was mandatory in nature, had not been carried out. It is informed that against the decision of the Division Bench of this Court on 24-03-2023, passed in W.A. No. 02/2018, a SLP is pending adjudication before the Hon’ble Supreme Court.

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Be that as it may, once the notification declaring the Deepor Beel as Wildlife Century has been affirmed by the Division Bench of this Court and a SLP filed against the decision of the Division Bench is pending consideration in the Hon’ble Supreme Court, we are of the view that any decision to de-notify the Deepor Beel Wildlife Century is not warranted at this stage. Hence, we direct the State Government not to issue any notification de-notifying the Deepor Beel Wildlife Century.

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This order would, however, be subject to any further order(s) passed by the Hon’ble Supreme Court on the above subject.

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The I.A. is accordingly disposed of.

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List the PIL No. 18/2023 on 27-05-2024. On the next date, the District Commissioner, Kamrup (Metro) may file his response regarding issuance of Wildlife Management Rules.

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JUDGE CHIEF JUSTICE

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Page No.# 7/7

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Comparing Assistant

Pramod Kalita and 2 Ors. v. the Union of India and 17 Ors.

Case brief

What is this about?

What the court decided

Pramod Kalita and 2 Ors. v. the Union of India and 17 Ors.

Case brief

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