Yogendra Kumar Srivastava, J. - (1.)Heard Sri Arun Kumar Gupta, learned counsel for the petitioner and Sri Shashi Prakash Singh, learned Additional Solicitor General appearing for the Union of India. The State is represented through its learned Standing Counsel.
(2.)The present public interest litigation has been filed under Article 226 of the Constitution of India praying for a direction commanding the respondents to consider the scientific studies and the reports submitted by the petitioner to the respondents and also the report of Wildlife Institution of India (in short 'WII') including its comments and to protect the Turtle Wildlife Sanctuary (in short 'TWS') at Kashi (Varanasi), notified as a sanctuary vide notification dated 21.12.1989 issued under Section 18 of the Wild Life (Protection) Act, 1972 (the Act, 1972). A further prayer has been made for an appropriate direction to the respondents not to shift the TWS upstream and to protect and stop the plying of motorboats, inland waterways vessels and ships and also stop human activities in the protected sanctuary area. The third prayer with regard to the issue pertaining to navigation of ships/vessels in the river Ganga, has not been pressed by the petitioner for the present.
(3.)The records of the case indicate that upon an earlier public interest litigation in Bharat Jhunjhunwala Vs. Union of India & 3 Ors. (PIL No.34434 of 2017) filed by the petitioner, raising similar issues with regard to the Turtle Wildlife Sanctuary, this Court vide order dated 10.01.2018 disposed of the petition in the following terms:-
"....... In regard thereto, the petition is disposed of granting liberty to the petitioner to supply a copy of the research paper on the protection of Turtle Wildlife Sanctuary Management within four weeks from date, in the event of the same being received by the Principal Chief Conservator of Forest Wildlife, Lucknow, we hope and trust the paper shall be considered by him or by any other authority/committee who he deems proper."