ANIMAL AND ENVIRONMENT LEGAL DEFENCE FUND versus UNION OF INDIA AND ORS.

ANIMAL AND ENVIRONMENT LEGAL DEFENCE FUND versus UNION OF INDIA AND ORS.

Permits to tribals are justified in lieu of traditional rights for settlement purposes prior to final notification of the National Park, provided strict conditions and monitoring are imposed, and the State must expeditiously issue the final notification under section 35(4) of the Wild Life (Protection) Act, 1972.

Parties
Petitioner: ANIMAL AND ENVIRONMENT LEGAL DEFENCE FUND; Respondent: Union of India; Respondent: Government of Madhya Pradesh (Chief Wildlife Warden, Forest Dept.); Respondent: State of Maharashtra; Intervenor: Jan Van Andolan Samiti, Totladoh
Jurisdiction
India
Judgment Date
05 March 1997
Procedural Posture
Writ Petition (civil) No. 785 of 1996 Under Article 32 of the Constitution of India / Final Judgment and Orders
Outcome
Petition partly allowed and disposed with directions.
Legal Topics
Wildlife Protection, National Parks, Resettlement and Rehabilitation, Traditional Rights, Fishing Permits
Environmental Law Constitutional Law Administrative Law Wildlife Protection National Parks Resettlement and Rehabilitation Traditional Rights Fishing Permits

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Parties

ANIMAL AND ENVIRONMENT LEGAL DEFENCE FUND

Petitioner

Union of India

Respondent

Government of Madhya Pradesh (Chief Wildlife Warden, Forest Dept.)

Respondent

State of Maharashtra

Respondent

Jan Van Andolan Samiti, Totladoh

Intervenor

Procedural Posture

Writ Petition (civil) No. 785 of 1996 Under Article 32 of the Constitution of India / Final Judgment and Orders

Legal Issues

  1. 1 Whether granting fishing permits to tribals in Pench National Park is justified in view of the Wild Life (Protection) Act, 1972 and the Indian Forest Act, 1927.
  2. 2 Whether rights of tribals to livelihood outweigh the need for strict ecological protection in a declared but not finally notified National Park area.

Ratio Decidendi

Permits to tribals are justified in lieu of traditional rights for settlement purposes prior to final notification of the National Park, provided strict conditions and monitoring are imposed, and the State must expeditiously issue the final notification under section 35(4) of the Wild Life (Protection) Act, 1972.

Court Disposition

Petition partly allowed and disposed with directions.

Orders

  • State of Madhya Pradesh to expeditiously issue final notification declaring the area as a National Park under section 35(4) of the Wild Life (Protection) Act, 1972.
  • Only the named individuals in Annexure R-XVI are to get permits, which are personal and non-transferable.