Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Ex-Situ Conservation Wildlife Protection |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Wildlife Protection Act, 1972:Ex-situ conservation - Translocation of Asiatic Lion (Panthera Leo Persica) - To Kuno wildlife Sanctuary in State of Madhya Pradesh - From Gir forest in the State of Gujarat, the single habitat of Asiatic Lion - For providing second natural habitat for long term conservation of Asiatic Lion - State of Gujarat not agreeing for the proposal of translocation - Interlocutory application for direction to the State of Gujarat to translocate the Lions as per the plan - Held: For long term conservation of Asiatic Lion, an endangered specie, it is necessary to provide it a second home - Kuno, is the historical habitat of Asiatic Lions, and all steps have been taken for making Kuno Wildlife Sanctuary fit for re-introduction of Asiatic Lion with the approval of National Board for Wildlife ยท (NBWL) - Animals in the wild are the properties of the nation - No State, can claim ownership or possession over them - NBWL having been constituted by Central Government, its views shall prevail over the views of State Board for wildlife, Gujarat constituted by the State Government - Direction to Ministry of Environment and Forest to take urgent steps for re-introduction of Asiatic Lion from Gir forest to Kuno Wildlife Sanctuary, in accordance with guidelines issued by IUCN and with active participation of experts in the field - Bio-diversity Act, 2002 - Forest Conservation Act, 1980 - Constitution of India, 1950 - Articles 48A and 51A(g). Decision of Ministry of Environment and Forests to import African Cheetahs from Namibia to India - To be introduced at Kuno Wildlife Sanctuary before reintroduction of Aisiatic lions from Gir forest- Interlocutory application objecting to the decision - Held: The decision is arbitrary, illegal and in violation of the statutory requirements provided under the wildlife Protection Act.Environmental Law - Preservation and protection of endangered species - Need for parliamentary legislation - Direction to Government of India and Ministry of Environment and Forests to take urgent steps for preservation of the endangered species identified by National Wildlife Action Plan 2002-2016 and to initiate recovery programmes - Direction also to identify all endangered species of flora and fauna, study their needs, their environs and habitats to establish the current level of security and the nature of threats.Constitution of India, 1950 - Art.21 - Right to life - Scope of - Conservation and protection of environment is an inseparable part of right to life - Environmental LawWords and Phrases - 'Wild Life' - Meaning of, in the context of Wild Life Protection Act, 1972. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 254 |
Petitioner | Centre For Environment Law, Wwf-1 |
Respondent | Union Of India & Others |
SCR | [2013] 6 S.C.R. 757 |
Judgement Date | 2013-04-15 |
Case Number | 337 |
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