Gauhati High Court Halts De-Notification Of Deepor Beel Wildlife Sanctuary

The Gauhati High Court on Friday directed the Assam Government not to issue any notification de-notifying the Deepor Beel Wildlife Sanctuary.

The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam noted:

“…once the notification declaring the Deepor Beel as Wildlife Sanctuary has been affirmed by the Division Bench of this Court and a SLP filed against the decision of the Division Bench is pending consideration in the Hon'ble Supreme Court, we are of the view that any decision to de-notify the Deepor Beel Wildlife Sanctuary is not warranted at this stage.”

The bench was hearing an I.A. filed in a PIL with a prayer to issue a direction to the concerned authority not to do land fill up in the Deepor Beel area and not to allow any type of construction activities in and around the Deepor Beel site till the demarcation notification of Ramsar Site of Deeper Beel is made along with the notification for its Eco-sensitive Zone as required under the Wetland (Conservation and Management) Rules, 2017 and place the record pertaining to the Cabinet decision taken or pending approval of the Eco-sensitive Zone of Deepor Beel.

The Counsel appearing for the petitioner submitted that on March 27, 2024, the State Cabinet has already taken a decision to de-notify the Deeper Beel Wildlife Sanctuary.

On April 3, the Advocate General, D. Saikia submitted that though the State Cabinet has decided to de-notify the Deepor Beel Wildlife Century, however, no formal notification has been issued till date and he prayed for some time to file response on behalf of the State Government.

In its affidavit filed before the Court, the State Government stated that the Cabinet in its meeting has decided to de-notify the Deepor Beel Wildlife Century while taking into note of the fact that at the time of notifying the Deepor Beel area as Wildlife Century in the year 2009, certain formalities, which are mandatory in nature, has not been carried out.

It was further stated that though the Cabinet has taken a decision to de-notify the Deepor Beel Wildlife Sanctuary but no formal notification has been issued till date in the absence of certain formalities such as to seek prior permission from the State Board of Wildlife and National Board of Wildlife and also prior approval from the Hon'ble Supreme Court.

It was stated in the affidavit that only after getting approval from the State Board of Wildlife and National Board of Wildlife as well as from the Supreme Court, the notification for de-notifying the Deepor Beel Wildlife Sanctuary will be issued.

The Court observed that the State Government had declared the Deepor Beel as Wildlife Sanctuary by issuing a notification in the year 2009, the said notification was challenged before the High Court by way of filing W.P.(C) No. 4113/2009 and the single judge bench has set aside the said notification dated February 21, 2009 vide decision dated December 21, 2017.

It was further noted by the bench that the said decision of the single judge was challenged before the division bench by the State of Assam and the division bench vide judgment dated March 24, 2023 passed in W.A. No. 02/2018, has reversed the judgment of the single judge by allowing the appeal filed by the State.

“Now suddenly the State Government has come up with the stand that in the year 2009, when the Deepor Beel Wildlife Century was notified, certain formalities, which was mandatory in nature, had not been carried out. It is informed that against the decision of the Division Bench of this Court on 24-03-2023, passed in W.A. No. 02/2018, a SLP is pending adjudication before the Hon'ble Supreme Court,” the Court remarked.

Thus, the Court directed the State government not to issue any notification de-notifying the Deepor Beel Wildlife Sanctuary, subject to any further order passed by the Supreme Court.

Case Title: Pramod Kalita & 2 Ors. v. The Union of India & 17 Ors.

Case No.: I.A. (Civil)/924/2024

Click Here To Read/Download Order