Court : Gujarat
Reported in : (2001)2GLR964
..... india on 9th september 1972 which is known as the wild life (protection) act, 1972. a reference may be made to the following amending acts : 1. the constitution (forty-second amendment) act, 1976. 2. the wild life (protection) (amendment) act, 1982 (xxiii of 1982). 3. the wild life (protection) (amendment) act, 1986 (xxviii of 1986). 4. the wild life (protection) (amendment) act, 1991 (xxxxiv of 1991). 5. the wild life (protection) (amendment) act, 1993 (xxvi of 1993). the relevant rules with regard ..... meaning of section 2(26) of the wild life (protection) act, 1972. the wild life (protection) act, 1972 is an act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto. as the very object and nomenclature of the act shows, the act is for the protection of wild life. the concept and theme of the protection of wild life is a fibre which runs throughout the provisions .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1995Guj133; (1995)2GLR1655
..... 26a(1). this would not make subsection (3) in any way inapplicable to asanctuary, which was declared as such underthe unamended section 18 of the wild life(protection) act.24. it was vehemently contended that this could not be regarded as a public interest litigation and secondly, the petitioners had no locus standi to file ..... except under resolution passed under the legislature of the state. it may here be noticed that in the original bill, which was drafted for amending the wild life (protection) act, there was no clause in the bill corresponding to sub-section (3) of section 26a. it was only during the course of the debate in ..... which had the effect of cancelling the earlier notification, under which a wild life sanctuary had been established under the wild life (protection) act, 1972.2. the facts of the case lie in a narrow compass. the aforesaid wild life (protection) act, 1972 (hereinafter referred to as 'the said act') was enacted by the parliament and it came into operation on 9th of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1998Guj169; (1998)2GLR262
..... to cut the bamboos in terms of the agreement between the state government and the respondent company. (ii) under section 55 of the wild life (protection) act, 1972 chief wild life warden of the state is the statutory authority to file firs against any person who is alleged to have committed any offence punishable under the ..... gujarat permitted cpm to cut and remove bamboo from the shoolpaneshwar forest area. 6. as per the definition in the wild life (protection) act, 'wild life' includes land vegetation. it is the duty of the state to protect this vegetation. bamboo is one such vegetation present in shoolpaneshwar sanctuary in gujarat. according to the government, bamboo cleaning ..... tribals. state government was directed to ensure the compliance with the terms contained in the licence issued on 15-12-1994 under section 29 of the wild life (protection) act, 1972 to the company. while the matter stood like this, another news item came in 'gujarat samachar', dated 3-4-1996 regarding the rash .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj35; (2006)2GLR1066
..... declared in the year 1973 and as per provisions of section-20 of the wild life protection act, 1972, after issue of notification under section-18, no right shall be acquired in, on or over the land comprised within the limits of area specified in ..... dated 17.1.2001 refusing to recognize the rights of the petitioners in the land in question as their rights were after notification under section-18 of the wild life protection act declaring the intention, means, after declaration of the sanctuary. it is required to be noted that the necessary entry with regard to the said order is ..... delay and laches. even otherwise, it is required to be noted that so far as the lands in question is concerned, it is wild ass sanctuary declared under the provisions of the wild life protection act, 1972 and necessary notifications are already issued since long. it is also required to be noted that the intention for sanctuary was already .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR23
..... by the petitioner for quashing and setting aside the decision dated 7-11-2001. it also prayed to constitute wild life advisory board under section 6 of the wild life (protection) act, 1972 (hereinafter referred to as 'the act').2. from the record, it transpires that one special civil application no. 2583 of 2001 was filed before ..... this court and the division bench of this court while disposing of the said petition directed as under :'the wild life advisory board while ..... the state government not exceeding five;(h) such other persons not exceeding ten, who, in the opinion of the state government are interested in the protection of wild life, including representatives of tribals not exceeding three; (1-a) the state government may appoint vice-chairman of the board from amongst the members referred to .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR382
..... operation are required to be checked, and no permission should be granted in the proximity of the area to a sanctuary, national park, etc., under the wild life (protection) act, 1972. it was submitted that the biological diversity of the area, topographic or climate feature of the area ought to have been considered. so far as ..... deleted is given.5. in view of the resolution passed by the legislative assembly in exercise of powers conferred by the said section 26a(3) of wild life (protection) act, 1972, the government of gujarat issued a notification which is produced on the record by respondent no. 6 alongwith the affidavit. it is this notification ..... seems that there was a proposal before the state legislative assembly, and the resolution is passed in exercise of power conferred by section 26a(3) of the wild life (protection) act, 1972, which is placed on record at annexure-ii of special civil application no. 6707 of 1995. before passing the resolution, following aspects have been .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3022
..... authorities pursuant to applications made by sarpanchs as well as village people. our attention was invited by the petitioners to various provisions of wild life (protection) act, 1972 (hereinafter referred to as `the act') and particularly to section 11 which prohibits hunting of wild animals specified in schedule i. the said section starts with non-obstante clause and enacts that 'notwithstanding anything contained in any other ..... observe whenever such occasion arises;15. in the facts and circumstances, we issue the following directions:(1) no wild animal specified in schedule i of the wild life (protection) act, 1972 shall be hunted or cause to be hunted unless such wild animal has become 'dangerous to human life' or is 'so disabled or diseased as to be beyond recovery'' ( section 11);(2) an order of hunting .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR2129
..... in purported exercise of powers conferred on it under section 18 of the wild life (protection) act, 1972, whereunder the area, limits of which are defined in the schedule annexed to the said notification, was declared to be a wild life sanctuary. in pursuance of the said notification of respondent no. 1, the ..... or unjustified. at the same time, taking into consideration ecological, faunal, floral, geomorphological, natural or zoological significance for the purpose of protection, propagation and developing wild life and its environment, the action of the respondents preserving the area for the said purpose may also not be unjustified, unreasonable or arbitrary. ..... notifications and also not restrained the respondents in any manner from having a wild life sanctuary, but the tribals who were residing in the area of the villages covered under those notifications were given necessary protection. their dispossession from the villages was deferred or postponed without making alternative provisions .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj203
..... observed that 'it is with a view to protect and preserve the environment and save it for the future generations and to ensure good quality of life that parliament enacted the anti-pollution laws, namely, the water act, air act and the environment (protection) act, 1986. these acts and rules framed and notification issued thereunder contained provisions ..... . mishra, emeritus scientist, national meteorological laboratory, jamshedpur, dr. sen gupta, member-secretary, central pollution control board, delhi and mr. y.v. jhala, director, wild life institute of india, dehradun. according to dr. mishra's opinion, in the manufacture of spun pipe, the liquid metal is poured into revolving water cooled steel moulds ..... it is further to be noted that dr. y.v. jhala, director of wild life institute of india, has opined, keeping in mind the ecology of the area, that the site location is over 15 km distance from any protected area. the area is within the range of several endangered species and some endemic .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]115CompCas801(Guj); (2002)2GLR1314
..... relief for inspection of item no. (d) i.e. application filed by the respondent-company with the state government seeking permission under section 29 of the wild life (protection) act, 1972, and permission (if any) granted thereunder.45. the above observations are made with the limited purpose of showing relevance of the aforesaid documents to the ..... the amounts paid to and yet to be paid to lgv.(d) application filed by the company with the state government seeking permission under section 29 of the wild life (protection) act, 1972, and permission (if any) granted thereunder. 7. the learned advocate for the respondent-company gave reply dated april 10, 2001. the request for ..... be lightly entertained, that cannot be a relevant factor for taking a decision on the question of maintainability of an appeal under section 483 of the act. it is true that if at every stage the appellate court entertains appeals against interlocutory orders, there cannot be speedy culmination of litigation at all .....
Tag this Judgment!