- (1.) In a petition which has been filed in the public interest, the petitioners have highlighted a serious issue relating to the issuance of arms licences without the prior concurrence of the Chief Wild Life Warden, in violation of the provisions of Section 34 (3) of the Wild Life (Protection) Act, 19721.
(2.) A wild life sanctuary by the name of Hastinapur sanctuary, spread over an area of 2073 sq km, is situated in the districts of Meerut, Ghaziabad, Bijnore and Jyotiba Phule Nagar. The population of the sanctuary includes various species of antelope, sambhar, cheetal, blue bull, leopard, hyena, wild cat and different types of birds. It also has alligators.
(3.) The grievance of the petitioners is that the District Magistrate, Jyotiba Phule Nagar (Amroha) has issued arms licences without observing the requirement of the prior concurrence of the Chief Wild Life Warden. Section 34 of the Act of 1972 provides as follows: "34. Registration of certain persons in possession of arms.- (1) Within three months from the declaration of any area as a sanctuary, every person residing in or within ten kilometers of any such sanctuary and holding a licence granted under the Arms Act, 1959 (54 of 1959), for the possession of arms or exempted from the provisions of that Act and possessing arms, shall apply in such form, on payment of such fee and within such time as may be prescribed, to the Chief Wild Life Warden or the authorised officer, for the registration of his name. (2) On receipt of an application under sub-section (1), the Chief Wild Life Warden or the authorised officer shall register the name of the applicant in such manner as may be prescribed. (3) No new licences under the Arms Act, 1959 (54 of 1959) shall be granted within a radius of ten kilometers of a sanctuary without the prior concurrence of the Chief Wild Life Warden.";