Supreme Court Refuses To Interfere In Plea Challenging Notification To De Notify Galathea Bay Wildlife Sanctuary; Grants Liberty To Approach High Court

The Supreme Court on Friday dismissed as withdrawn a plea challenging notification dated January 25, 2021 ("impugned notification") issued by the Commissioner-cum-Secretary (E&F), Andaman and Nicobar Administration to de-notify the Galathea Bay Wildlife Sanctuary.

The bench of Justices S Abdul Nazeer and Krishna Murari granted the petitioner liberty to approach the High Court.

It was stated in the petition that the de notified wildlife sanctuary was the most important nesting sites for for leatherback turtles in the entire world.

Preferred by Dr Manish Chandi, a senior researcher, formerly of the Andaman Nicobar Environmental Team (ANET) it was argued in the plea that the impugned Notification was in violation of Article 14, 21 and 48A of the Constitution, ultra vires the Wildlife (Protection) Act, 1972 and the Island Protection Zone Notification, 2019, enacted under the Environment (Protection) Act, 1986.

"The impugned notification seeks to take way the protection enjoyed by the wildlife sanctuary for decades, without any change in circumstances, and merely on the say so of the State Government that a transhipment terminal is proposed in the area. In doing so, it ignores settled environmental principles such as the precautionary principle, the species best standard principle and even the object and purpose of the parent legislation, the Wildlife (Protection) Act," plea stated.

Chandi in his plea had averred that the de-notification was also in violation of the Top Court's order in Centre for Environment Law v. Union of India and Ors, wherein the Top Court had specifically prohibited the denotification/ de-reservation of any Sanctuary and National Park.

"The de-notification notification is also in violation of the Convention of Migratory Species, and leatherback turtles would qualify as an endangered migratory species that India was required to protect under the Convention," the plea further stated.

The petition was drawn by Advocate Ritwick Dutta and Kanika Sood and filed through Advocate Srishti Agnihotri.

Case Title: Dr Manish M Chandi & Ors v Union of India and Ors

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