Gauhati HC stays Assam Cabinet’s decision to denotify Deepor Beel
The Gauhati High Court on Friday stayed the decision of the Assam Cabinet taken on March 10 to de-notify the Deepor Beel Wildlife Sanctuary saying that “any decision in this regard is not warranted at this stage.”
While disposing of an interlocutory application (UA (civil)924/2024) filed by environment activist Pramod Kalita and others, a division bench of the Gauhati High Court comprising Chief Justice Vijay Bishnoi and Justice Suman Shyam said: “Be that as it may, once the notification declaring the Deepor Beel as Wildlife Sanctuary 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 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 Sanctuary,” the court bench said.
“This order would, however, be subject to any further order(s) passed by the Supreme Court on the above subject,” the court added.
The court further fixed May 27 for a hearing of the main PIL No 18/2023 and asked the district commissioner of Kamrup (Metro) to file his response regarding the issuance of Wildlife Management Rules.
In his interlocutory application, the petitioner Pramod Kalita sought a directive from the court 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 Eco-Sensitive Zone as required under the Wetland (Conservation and Management) Rules, 2017 and place the record about the Cabinet decision taken or pending approval of the Eco-sensitive Zone of Deepor Beel.
Appearing on behalf of the petitioner, lawyer DK Das informed the court on March 27 that the state cabinet has already decided to de-notify the Deeper Beel Wildlife Sanctuary.
On April 3, Advocate General D Saikia submitted that though the state cabinet has decided to de-notify the Deepor Beel Wildlife Sanctuary, however, no formal notification has been issued to date.
On Friday, an additional affidavit is filed on behalf of the state government wherein it was stated that the Cabinet in its meeting had decided to de-notify the Deepor Beel Wildlife Sanctuary while taking into note of the fact that at the time of notifying the Deepor Beel area as Wildlife Sanctuary in 2009, certain formalities, which are mandatory, has not been carried out. It is also submitted that though the Cabinet has decided to de-notify the Deepor Beel Wildlife Sanctuary no formal notification has been issued to date in the absence of certain formalities such as seeking prior permission from the State Board of Wildlife and National Board of Wildlife and also prior approval from the Supreme Court.
It was also stated 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 Sanctuary will be issued.
“Having heard the Advocate General and after taking into consideration the fact that the state government had declared the Deepor Beel as a Wildlife Sanctuary by issuing a notification in 2009, the said notification was challenged before this court by way of filing WP(C) No 4113/2009 and the fact that the learned single judge of this court has set aside the notification on February 21, 2009, vide decision on December 21, 2017.
The decision of the single judge was challenged before the Division Bench of this court by the state government and the division bench vide judgment on March 24, 2023, passed in WA No 02/2018, has reversed the judgment of the single judge by allowing the appeal filed by the state,” the court said.
“Now, suddenly the state government has come up with the stand that in 2009, when the Deepor Beel Wildlife Sanctuary was notified, certain formalities, which were mandatory, had not been carried out. It is informed that against the decision of the Division Bench of this Court on March 24, passed in WA No 2/2018, an SLP is pending adjudication before the Supreme Court, the court added.
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