Court : Andhra Pradesh
Reported in : 1999(2)ALD624; 1999(2)ALT604
..... whether the notification suffers from any infirmity warranting interference under article 226 of the constitution of india.9. the notification is issued under section 35 of the wild life (protection)act (act 53 of 1972). section 35 reads as follows :'section 35. declaration of national parks : (1) whenever it appears to the state government that an ..... to finalise the guidelines before 31-3-1999 and issue permits subject to the conditions that they may prescribe under section 28(2) of the wild life (protection) act. the members of the petitioner-association are eligible for the grant of permits subject to the conditions that the respondents may impose. till the guidelines ..... of articles 14 and 21 of the constitution of india.7. while the learned counsel for the respondents contended that under section 35 of the wild life (protection) act the state government is competent to declare an area whether within a sanctuary or not by reason of its ecological, faunal, floral, geomorphological or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All136; 2005(1)AWC877
..... is found that the plots in question are within the sanctuary limits then the petitioners shall be obliged to seek permits under the wild life (protection) act from the chief wild life warden.41. the writ petition succeeds partly to the extent indicated hereinabove and is allowed subject to the directions contained herein. the ..... controversy has to be decided keeping in view the objects and reasons of the wild life (protection) act, 1972 :the wild life (protection) act, 1972introductionthe rapid decline of wild -animals and birds in india has been a cause of grave concern. some wild animals and birds have already become extinct in the country and others are in the ..... of the respondent-state government in permitting mining operations in areas which have been declared as a wild life sanctuary under the wild life (protection) act, 1972. as has been brought on record the kaimur wild life sanctuary preserves within its fold some very rare species of flora and fauna including the prized black buck .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1834; (2004)2GLR1027; JT2004(2)SC210; 2004(1)SCALE584; (2004)2SCC392; 2004(1)LC689(SC)
..... so permitted?6. the answer to the first question depends on an interpretation of the provisions of three statutes namely, the wild life (protection) act, 1972, the forest (conservation) act, 1980 and the environment (protection) act, 1986. chronologically, the wild life (protection) act, 1972 (referred to hereafter as the wpa) is the earliest statute. it defines 'wildlife' in section 2(37) as ..... wrote two letters dated 20.11.2000 and 30.11.2000 to the appellant stating that the appellant had not been granted approval under the wild life (protection) act as had been found by the high court in the impugned decision. the appellant then filed an application for review of the impugned decision ..... park and sanctuary. it was submitted that permission of the chief wildlife warden of the state was required under sections 29 and 33 of the wild life (protection) act, 1972 and that it was necessary to obtain such permission prior to the final approval from the government of india.50. on 18th september, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3240; 2003(5)ALD39(SC); 106(2003)DLT350(SC); JT2003(7)SC446; 2003(6)SCALE831; (2003)7SCC589
..... newly added provision section 40a or that the said section discriminates individual owners and traders is ill-founded.83. at the time of passing of the main wild life protection act in 1972, there were two categories of persons who could be in possession of animal articles, etc. namely (a) individual (non-traders) - who ..... reasonable as a trader was given sufficient time to dispose of all the articles in his possession.12. drawing our attention to the provisions of the wild life (protection) act, 1972, mr. malhotra would submit that the trade and possession of ivory having been totally prohibited. even non-traders are not entitled to possess the ..... had legally been made as there did not exist any restriction in that regard. 2. the wild life (protection) act, 1972 (hereinafter referred to as 'the said act' for the sake of brevity) was enacted to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary thereto or incidental therewith. indian .....
Tag this Judgment!Court : Delhi
Reported in : 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131
..... 5(1), 27(b), 30(i)(iii), 33(b)(ii), 34, 35 and 37 of the wild life (protection) amendment act, 1991 (act no. 44 of 1991) (for short `the amendment act') and the corresponding amendments/changes carried out in the principal act known wild life (protection) act, 1972. these amendments/changes have been effected : (1) in section 2(2); (2) by introduction ..... the `specified date' in relation to ivory imported into india or an article made there from is the date six months from the commencement of the wild life (protection) act, 1991. that means, as per the above said provisions, dealers in imported ivory or articles made there from, or manufacturers of such articles were required ..... in civil writ petition nos. 1303/92 and 1964/93 the grievance of the petitioners is that though they are not covered by the wild life (protection) act, 1972 and the amendment act no. 44 of 1991, the authorities are taking action against them for their being in possession of mammoth ivory and articles made there from .....
Tag this Judgment!Court : Chennai
Reported in : 1999(3)CTC494
..... penning the cattle, namely anamalai mountain range is a sanctuary called indira gandhi wild life sanctuary. the parliament has enacted the wild life (protection) act, 1972 (act 53 of 1972), hereinafter reffered to as the act, which provides for the protection of wild animals and birds and for matters connected therewith or ancillary or incidental there to ..... constitution. that fundamental right is subject to a reasonable restriction and that can be imposed. the wild life (protection) act is an act which provides for the protection of wild animals and birds and in order to protect them, restrictions and prohibitions have been imposed, which are reasonable and can be imposed. as rightly ..... 's representations and passed an order dated 28.4.1999 wherein he held that penning of cattle inside the indira gandhi wild life sanctuary is not permitted as per the wild life (protection ) act, 1972. however, he permitted the grazing of the cattle without penning. the writ petition is against this order.2 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC811; 1997(1)Crimes189(SC); JT1997(1)SC160; 1997(5)SCALE406; (1997)2SCC87; [1996]Supp9SCR848
..... statutory provisions which require them to obtain the necessary consent/authorisation from the concerned pollution control boards.39. there are other legislations like fisheries act, 1897, wild life protection act, 1972 and forest conservation act, 1980 which contain useful provisions for environment protection and pollution control. unfortunately, the authorities responsible for the implementation of various statutory provisions are wholly re-miss in the performance of their duties ..... country'. article 51a of the constitution imposes as one of the fundamental duties on every citizen, the duty to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. the environment (protection) act, 1986 (the act) was enacted as a result of the decisions taken at the united nations conference on the human environment held at .....
Tag this Judgment!Court : Delhi
Reported in : 2010(250)ELT166(Del)
..... entry, the items are freely importable. once we look into the matter from this angle, the irresistible conclusion is that clearance from the wild life authorities in india under the wild life protection act is not required. under such circumstances, these kinds of matters would be covered by cites and all the nations signatory to the said ..... cites allowing the export from its country on the ground that these items are not restricted, insistence upon additional certificate by the authorities under the wild life protection act is meaningless in the facts of this case. insofar as demand of the appellant to produce country of origin certificate to check the origin of ostrich ..... thus, the lower authorities were clearly in error in treating the instant import as in violation of wild life protection act and cites.4. as already noted, the goods have been treated as offending only to the wild life protection act and cites and not under any other provision of law. since we have already held that the .....
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 : Chennai
Reported in : 2002(141)ELT338(Mad)
..... and seawhips are forms of corals, which group -'coalenterata' is a part of the animal kingdom in view of the definition of wild life. under section 2(37) of the wild life (protection) act, 1972, 'wild life' includes any animal, bees, butterflies, crustaces, fish and moths and aquatic or land vegetarian which forms part of any habitat. he ..... and 3rd respondents would also adopt the arguments of mr. s.r. sundaram and submitted that the seafans are included in the definition of wild life (protection). act as well as wild life and therefore the ban is imposed for export.4. in view of the above submissions, it is to be seen as to whether ..... the 4th respondent, the assistant director, marine products export development authority, tuticorin who clarified that seafans/seawhips did not fall in the first schedule of wild life (protection) act and did not figure in the negative list of exports. therefore, the 4th respondent informed the 3rd respondent namely the addl. collector of customs, tuticorin .....
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