2012 INSC 0286
Ajay Dubey
v.
National Tiger Conservation Auth. & Others
(Supreme Court Of India)
HON'BLE MR. JUSTICE DALVEER BHANDARI HON'BLE MR. JUSTICE
DIPAK MISRA
Special Leave to Petition (Civil) No. 21339 Of 2011 | 03-04-2012

Dalveer Bhandari, J.

1. We have heard the learned counsel for the parties.

2. Mr. Panjwani, learned senior counsel and amicus curiae has drawn our
attention to Section 38(b) and Explanation 1 & 2 of the Wildlife (Protection)
Act, 1972. Mr. Panjwani has also drawn our attention to the list of Core and
Buffer areas of Tiger Reserves in India notified under the Wildlife (Protection)
Act, 1972, as amended in 2006. According to the Chart which has been
submitted, following States have not yet notified the area of Buffer/Peripheral
with regard to tiger reserve falling in their respective States till date:

1. Jharkhand

2. Rajasthan

3. Andhra Pradesh

4. Arunachal Pradesh

5. Uttar Pradesh

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6. Tamil Nadu

7. Bihar

8. Tamil Nadu

9. Karnataka

10. Maharashtra

3. We direct all the concerned States to notify the Buffer/Peripheral area as
required under the Wildlife (Protection) Act, with regard to tiger reserve falling
in the States as expeditiously as possible, in any event, within three months
from today.

4. Mr. Qadri, learned counsel appearing on behalf of the National Tiger
Conservation Authority ("NTCA") has drawn our attention to the Office
Memorandum dated 17th November, 2011 by which a Committee has been
constituted for finalizing the guidelines relating to the eco-tourism in and
around Protected Areas, besides declaration of new Tiger Reserves. The
Committee has been directed by NTCA to submit its report within six months.

5. Mr. Qadri, learned counsel appearing on behalf of the NTCA, on instructions,
submits that a report would be submitted on or before 17th May, 2012. We
direct the learned counsel for NTCA to place a copy of the report, after it is
submitted, on record and the Registry is directed to make copies of the report
available to all the learned counsel for the parties in this matter.

6. Notice be issued to the States of Jharkhand, Rajasthan, Andhra Pradesh,
Arunachal Pradesh, Uttar Pradesh, Tamil Nadu, Bihar, Karnataka and
Maharashtra. Notice be additionally issued by the Registry to the standing

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counsel for these States without the process fee to be filed by the concerned
counsel.

7. List this matter for further direction on 10th July, 2012.

8. We place on record our appreciation for the very able assistance rendered by
the learned senior counsel and amicus curiae Mr. Panjwani.

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