Gauhati High Court halts denotification move on Deepor Beel Wildlife Sanctuary

Guwahati: The state government’s move to de-notify Deepor Beel Wildlife Sanctuary has been nipped in the bud by the Gauhati High Court.

Recently, the Assam cabinet made a move to withdraw the notification issued by the state Forest Department, effectively removing Deepor Beel’s protected status. Pramod Kalita and two others filed an interlocutory application to challenge the state cabinet’s decision.

Adivision bench comprising Chief Justice Vijay Bishnoi and Justice Suman Shyam issued a stay order on the de-notification move by the state government, saying, “We are of the view that any decision to de-notify the Deepor Beel Wildlife Sanctuary is not warranted at this stage. Hence, we direct the state government not to issue any notification de-notifying the Deepor Beel Wildlife Sanctuary. This order would, however, be subject to any further orders passed by the Supreme Court on the above subject.”

During the hearing, the petitioners’ counsel informed the court that, on March 27, 2024, the state cabinet had already taken a decision to de-notify the Deepor Beel Wildlife Sanctuary (DBWS).

Further, on April 3, 2024, the Advocate General submitted that, though the state government had decided to de-notify the DBWS, no formal notifications have been issued till date. Today, the state government’s standing counsel submitted that the cabinet, in its meeting, has decided to de-notify the DBWS while taking into note of the fact that, at the time of notifying the Deepor Beel area as Wildlife Sanctuary in 2009, certain formalities, which are mandatory in nature, had not been carried out. No formal notification has been issued till date in the absence of certain formalities, such as seeking prior permission from the State Board of Wildlife, the National Board of Wildlife, or the approval of the Supreme Court.

The petitioner raised concerns regarding the protection of Deepor Beel, including challenges related to illegal construction and waste management. In December 2003, the court ordered the state government to declare Deepor Beel a wildlife sanctuary with an eco-sensitive zone by January 18, 2024. 

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