- (1.) This petition which has been filed in the public interest has been continuously monitored by the Court since 1 July 2014. The petition sought the intervention of the Court in regard to the protection of a population of black bucks in the precincts of the garden surrounding the tomb of Akbar at Sikandara in the district of Agra. Black bucks constitute a species listed in Schedule I of the Wild Life (Protection) Act, 1972 and are endangered. The petition highlighted several articles in the news media commenting on the death of black bucks over a period of time. On 29 August 2014, this Court expressed concern over news reports that the death of black bucks in the garden of the tomb had considerably increased in 2013. This was borne out by an affidavit which was filed in these proceedings by the Chief Horticulturist of the Archaeological Survey of India.
(2.) A counter affidavit was initially filed by the Sub Divisional Officer which indicated that no record was available either with the Archaeological Survey of India or the Forest Department indicating the length of time over which the black bucks were found in the area. Incidents were reported where black bucks were attacked by jackals within the precincts of the garden of the tomb of Akbar. The Court was informed upon its intervention on the issue that a follow up plan was envisaged involving the Archaeological Survey of India, the Forest Department and the District Administration, in which (i) a Committee of three agencies would be constituted to regularly monitor a plan for safety of the black bucks; (ii) a census would be carried out; (iii) visits by Veterinary Doctors would be provided; (iv) the staff of the Forest Department would be assigned with the specific task of managing the animals; (v) watering areas would be cleaned regularly; and (vi) there would be a segregation of the male and female population of black bucks to prevent a further increase in the population. The last of those suggestions appeared to be a rather crude attempt to deal with the issue. The Sub Divisional Officer stated that eventually the black buck population would be shifted in batches to selected natural habitats.
(3.) Expressing its concern over the consistent pattern of the destruction of the black buck population in the area, this Court observed as follows: "We are not satisfied that this proposal is backed by any expert opinion. In fact, the proposal to segregate the males and the females is itself reflective of a haphazard and uninitiated approach to the matter. In the affidavit, which has been filed by the Chief Horticulturist of the Archaeological Survey of India, it has been stated that the Horticulture Division of the Archaeological Survey of India has taken certain steps. From the chart, which is annexed to the affidavit, it is clear and apparent that even in the official figures, there has been a consistent pattern of deaths. ...Here again, we are not satisfied that any serious attempt has been made to deal with the issue or to initiate steps for conservation and protection." ... We must express our dismay at the manner in which the entire issue has been approached at various levels of the Government. It needs no elaborate reasoning to emphasize the urgent need of taking all suitable measures for protecting the population of black bucks in the area and of ensuring that a proper plan is put into place for protection and conservation.";