PRADEEP KRISHEN versus UNION OF INDIA AND ORS.

PRADEEP KRISHEN versus UNION OF INDIA AND ORS.

Since no final notification under Sections 26A or 35(1) of the Wild Life (Protection) Act, 1972 had been issued and the procedure for acquisition of rights was not completed, the State Government could permit villagers to collect tendu leaves; such permission did not violate the Act. However, the State Government must urgently complete the process for final notification and acquisition of rights, as mandated by the Act and the Constitution.

Parties
Petitioner: Pradeep Krishen; Respondents: Union of India and Ors.; Intervenors: Intervenors (Bali Ram, Shyam Lal, Munshi Lal)
Jurisdiction
India
Judgment Date
10 May 1996
Procedural Posture
Writ Petition (civil) No. 262 of 1995 / Final Disposition
Outcome
Petition disposed of with directions; rule made absolute; no order as to costs.
Legal Topics
Wildlife Protection, Sanctuaries and National Parks, Traditional Rights of Villagers, Notification Under Wild Life (protection) Act
Environmental Law Constitutional Law Wildlife Protection Sanctuaries and National Parks Traditional Rights of Villagers Notification Under Wild Life (protection) Act

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Parties

Pradeep Krishen

Petitioner

Union of India and Ors.

Respondents

Intervenors (Bali Ram, Shyam Lal, Munshi Lal)

Intervenors

Procedural Posture

Writ Petition (civil) No. 262 of 1995 / Final Disposition

Legal Issues

  1. 1 Whether an area declared as a Sanctuary or National Park under the Wild Life (Protection) Act, 1972 can be exploited for collection of minor forest produce in violation of the Act's restrictions
  2. 2 Whether the State Government has the right to exploit minor forest produce from the Sanctuaries and National Parks declared for protection and preservation of ecology, flora, fauna, geomorphological, natural or zoological significance

Ratio Decidendi

Since no final notification under Sections 26A or 35(1) of the Wild Life (Protection) Act, 1972 had been issued and the procedure for acquisition of rights was not completed, the State Government could permit villagers to collect tendu leaves; such permission did not violate the Act. However, the State Government must urgently complete the process for final notification and acquisition of rights, as mandated by the Act and the Constitution.

Court Disposition

Petition disposed of with directions; rule made absolute; no order as to costs.

Orders

  • State Government directed to take immediate action under Chapter IV of the Wild Life (Protection) Act to acquire rights of those claiming land in proposed Sanctuaries/National Parks.
  • State Government to issue final notification under Sections 26A and 35 declaring such areas as Sanctuaries/National Parks within 6 months.