LexCENTRE FOR ENVIRONMENT LAW, WWF-1 versus UNION OF INDIA & OTHERS
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[2013] 6 S.C.R. 757 CENTRE FOR ENVIRONMENT LAW, WWF-1 A v. UNION OF INDIA & OTHERS I.A. No. 100 In Writ Petition (Civil} No. 337 of 1995 B APRIL 15, 2013 [K.S. RADHAKRISHNAN AND CHANDRAMAULI KR. PRASAD, JJ.] Wildlife Protection Act, 1972: Ex-situ conservation - Translocation of Asiatic Lion (Panthera Leo Persica) - To Kuno wildlife Sanctuary in State c of Madhya Pradesh - From Gir forest in the State of Gujarat, 0 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 E 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 · (NBWL) - Animals in the wild are the properties of the nation F - 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 G 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 757 H 758 SUPREME COURT REPORTS [2013) 6 S.C.R. A Act, 2002 - Forest Conservation Act, 1980 - Constitution of India, 1950 - Articles 48A and 51A(g). Decision of Ministry of Environment and Forests to import Arican Cheetahs from Namibia to India - To be introduced 8 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. C 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 endctngered species identified by National Wildlife Action D 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. E 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 Law. F Words and Phrases - 'Wild Life' - Meaning of, in the context of Wild Life Protection Act, 1972. The Wildlife Institute of India (Wll), an autonomous institution under the Ministry of environment and Forests (MoEF), Government of India, conducted research at the Gir Forest in the State of Gujarat, through its biologists, G for the better management of the Gir Forest enhancing the prospects for the long term conservation of lions at Gir, a single habitat of Asiatic lion. The data collected by biologists highlighted the necessity of a second natural habitat for its long term conservation. In a workshop held H in October, 1993, three alternative sites were suggested CENTRE FOR ENVIRONMENT LAW, WWF-1 v. UNION 759 OF INDIA for re-introduction of Asiatic lions. After survey of the A three sites, Kuno Wildlife Sanctuary in the State of Madhya Pradesh was found to be the most suitable site for re-introduction in establishing a free ranging population of Asiatic lions, as Kuno was historical distribution range of Asiatic lions. B The State of Madhya Pradesh undertook massive rehabilitation package for the villagers settled in and near Kuno, so as to push forward the scheme. The State Government of Gujarat did not agree with the proposal C for translation of the lions from Gujarat to Kuno. Since nothing transpired despite the fact that crores of rupees were spent by the Government for the re· introduction protect, the present intervention application (IA No.100) in Writ petition (W.P.(C) No. 337 of 1995) was D filed seeking a direction to the respondents to i
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