Abir Phukan vs. Union Of India Ministry Of Environment, Forest And Climate Change Through National Tiger Conservation Authority

WP(C) $743/14$

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ITEM NO.1 COURT NO.4 SECTION PIL $(W)$

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

I.A. No.19 of 2015 in Writ Petition (Civil) No.743 of 2014

WILDLIFE RESCUE AND REHABILITATION CENTRE AND OTHERS

Petitioner(s)

VERSUS

UNION OF INDIA AND OTHERS

Respondent(s)

(For directions and office report)

Date: 02/02/2016 This application was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE N.V. RAMANA

	For Petitioner(s) Ms. Aparna Bhat, AOR<br>Ms. Shibani Ghosh, Adv.<br>Ms. Raj Kumari Banju, Adv.
For Respondent(s)	Mr. K. Parameshwar, AOR
	Mr. Ajit Sharma, AOR
	Mr. A. Raghunath, AOR
	Mr. Balaji Srinivasan, AOR
	Mr. B. Balaji, AOR
	Mr. Devendra Singh, AOR
Signature Not Verified<br>Digitally signed by<br>Saniav Kum<br>Daté: 2016-02.02<br>17:00:36 IST<br>Reason:	Mr. Gopal Singh, AOR
	Mr. R. Basant, Sr. Adv.<br>Mr. Jogy Scaria, AOR<br>Ms. Beena Victor, Adv.<br>Mr. Robin Jacob, Adv.

Mr. K. Rajeev, AOR Gp. Capt. Karan Singh Bhati, Adv. Mr. Adarsh Kr. Tiwari, Adv. Mr. T. Gopal, Adv. Ms. Ruchi Kohli, AOR Mr. Sidharth Luthra, Sr. Adv. Ms. Supriya Juneja, AOR Mr. Sameer Chaudhary, Adv. Mr. Viraj Gandhi, Adv. Ms. Mehaak Jaggi, Adv. Mr. Vishnu Shankar Jain, Adv. Ms. Mukti Chaudhary, Adv. Mr. Rana Mukherjee, Sr. Adv. Ms. Movita, Adv. Mr. Sarfraz Ahmad Siddiqui, Adv. Mr. S.N. Terdal, Adv. Mr. Arjun Vinod Bobde, Adv.

UPON hearing the counsel the Court made the following O R D E R

Mr. Arjun Vinod Bobde, learned counsel, submits that he has instructions to appear for the State of Goa. Let him file Vakalatnama within a week and the response to the application within three weeks hence.

It is submitted by Ms. Aparna Bhat, learned counsel appearing for the petitioner that there are two resorts in the State of Goa, namely, Jungle Book and Tropical Spice Plantation, which provide for recreation for the tourists by engaging elephants, who are meted with cruelty. She has brought to our notice the photographs that have been annexed to the application. The prayer in the interlocutory application is to direct the Chief Wild Life Warden, Government of Goa, to see that the elephants are not treated with cruelty, apart from other prayers. Learned counsel

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would urge that a report should be called from the Animal Welfare Board of India in this regard.

Let the two resorts be impleaded as the respondents in this application. Learned counsel for the applicant shall file the amended Cause Title within two days hence. The Registry shall issue notice to the said newly added respondents immediately, fixing a returnable date within four weeks.

Mr. Ajit Sharma, learned counsel appearing for the Animal Welfare Board of India, undertakes to file the report within three weeks.

Having heard learned counsel for the parties, we are, as advised at present, only inclined to direct that the Chief Wild Life Warden, Goa, shall ensure that the elephants who are engaged in these two resorts are not treated with any kind of cruelty in any manner. Be it clarified, whether such resorts can keep the animals or not, shall be dealt with at a later stage.

Let the matter be listed on 29th March, 2016.

I.A. No.11 of 2015 in W.P.(C) No.743 of 2014

On mentioning, the interlocutory application is taken on Board.

This is an application for intervention. Regard being had to the stand put forth by the applicant, the prayer stands allowed.

The interlocutory application is, accordingly, disposed of.

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I.A. No...........of 2016 in W.P.(C) No.743 of 2014

On mentioning, the interlocutory application is taken on Board.

It is submitted by Mr. Sidharth Luthra, learned senior counsel appearing on behalf of the applicant that the said application is for directions and not for intervention. Regard being had to the same, Registry is directed to register the said application and issue notice, as directed on the earlier occasion.

(Chetan Kumar) Court Master

(H.S. Parasher) Court Master