- (1.) By a notification dt. 2nd Sept, 1993 issued under S. 18(1) of the Wild Life (Protection) Act, 1972 the concerned area was declared to be included within the limitof the sanctuary. Subsequently, a notification was issued on 11th of Jan, 1994, under S. 21 of the said Act being a proclamation specifying the area as sanctuary requiring persons claiming any right mentioned in S. 19 of the said Act to lodge their claim within the period specified in S. 21(b) of the said Act. The petitioner claimed to have lodged its claim on 28th of Feb. 1994, which is Annexure-9 to the writ petition, admittedly, within the time specified. It is alleged that no steps has been taken on the basis of the said claim lodged by the petitioner. On the other hand, on its enquiry by a letter dt. 28th of May, 1997, it has been disclosed that the said land has been decided to be included within the sanctuary. The petitioner points out that he was not given opportunity of hearing nor any compensation has been given to him. According to the petitioner he is the owner of the property and as such entitled to manage the same.
(2.) We have heard Mr. L.P. Naithani for the petitioner and the learned Standing Counsel. Mr. Naithani stresses on the objection to the declaration of the area as sanctuary.
(3.) On examination of the scheme of the Act it appears to us that the statute does not envisage lodging of any objection by any person in the declaration of sanctuary. There is no scope for the Court to go into the justification of any declaration of any area to be included in the sanctuary provided it satisfies the test of S. 18(1) of the Act. Section 18 of the Act empowers the State Government to declare any area to be a sanctuary if it is considered that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing wild life or its environment. Once these tests are satisfied the grievance of a person having right over any such property included in sanctuary is limited to the determination of his rights as envisaged in S. 19 read with S. 21(b) followed by Ss. 24 and 25 of the said Act. Section 19 vests in the Collector the power of enquiry and determination of the existence, nature and extent of the right of a person. Such right is to be decided on the lodging of a claim under S. 21(b) of the Act. Section 21 requires a proclamation to be published through notification (a) specifying the limits of the sanctuary and (b) lodging of claim in prescribed forms within two months. The claim meant in S. 21(b) is to be understood from the extent of claim mentioned therein. The legislative intent can be gathered from the expression used which is clear and unambiguous and does not leave any scope for any other kindof interpretation. The claim is confined in "specifying the nature and extent of the right. . . . . and the amount and particulars of compensation". . . . This expression does not permit of any other claim or objection within scope thereof.;