RAJASTHAN AT JAIPUR BENCH S.B. CIVIL WRIT PETITION NO.1204/2000 (State of Rajasthan & Ors. v. The Collector & Ors.

P R E S E N T HON'BLE MR. JUSTICE ALOK SHARMA Mr. R.P. Singh, AAG with Dr. M.S. Kachhawa, Addl.G.C., for the State. Mr. A.K. Sharma, Sr. Advocate with Mr. Rachit Sharma Mr. B.R. Rana Mr. Deendayal Mr. Sudarshan Laddha Mr. Arvind Bhardwaj Mr. N.S. Yadav BY THE COURT ] ] ] ] ] ], for the respondents. Mr. R.P. Singh AAG with Dr. M.S. Kachhawa, Addl.G.C. appearing for the respondent-State submit that the issue in the present bunch of petitions is covered by the judgment of this Court rendered in SBCWP No.6427/1999, the State of Rajasthan & Ors. Vs. the Collector, Bundi & Anr., decided on 06.08.2012. Mr. Singh Submits that consequently the present writ petitions be decided in accordance with the said judgment. 3 SBCWP NO.1204/2000

Mr. A.K. Sharma, Sr. Advocate with Mr. Rachit Sharma, appearing for the respondents would submit that while rendering the judgment dated

06.08.2012, this Court overlooked the provision of Section 24(2)(a) of the Wild Life (Protection) Act, 1972 (hereinafter 'the Act of 1972') as also the definition of reserved forest as set out in Section 2(25B) of the Act of

1972. He submits that subsequent to the directions of the Hon'ble Supreme Court on 22.08.1997 for the conduct of an inquiry for determination of rights and claim in the declared sanctuary, the Collector was well within his power to invoke Section 24(2)(a) of the Act of 1972 and exclude parts of the land from the sanctuary declared by the State Government earlier in 1981 under the extant Section 18 of the Act of 1972 and alter its notified boundaries.

In my considered view, there is little force in the submission of the counsel for the respondents, more particularly in view of Section 26A(3) of the Act of 1972 which provides that “no alternation of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of the National Board.” Reference to Section 66(4) of the Act of 1972 may also 4 SBCWP NO.1204/2000 be had which declares that “where any proceeding under any provision of Sections 19 to 25 (both inclusive) is pending on the date of commencement of the Wild Life (Protection) Amendment Act, 1991 any reserve forest or a part of territorial waters comprised within a sanctuary declared under Section 18 to be a sanctuary before the date of such commencement shall be deemed to be a sanctuary declared under section 26A of the Act of

1972.” Thus a sanctuary declared under Section 18 prior to the Wild Life (Amendment) Act, 1991 (as the Ramgarh Wild Life Sanctuary was) partakes the character of a sanctuary under Section 26A of the now operative Act. This being so – the restrictions of Section 26A(3) of the Act apply with all rigor to the change of boundaries of the Ramgarh Wild Life Sanctuary. Thus the Collector, Bundi had no power to alter the boundaries of the sanctuary under his impugned orders. Consequently, I am of the view that the present bunch of petitions cannot be in any manner distinguished from the case already adjudicated by this Court in SBCWP No.6427/1999 decided on 06.08.2012.

The writ petitions stand disposed of. Stay applications, if any, need no address in view of the writ petitions being disposed of. MS/-121 (ALOK SHARMA), J All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. Manoj Solanki, Jr. P.A.