JOIN USDisposing of f a PIL filed by B R Deepak, the Division Bench comprising Justices Manjula Chellur and B S Patil directed the government to adhere to the norms as mentioned in the project proposal.
The court, however, appreciated the petitioner’s concern for preservation and protection of wildlife. “The State has assured to take adequate measures to maintain security, safety and peaceful atmosphere in the area adopting all safeguards mentioned in the project report placed before the court. The area used for night safari should be strictly in conformity with the project report.”
The bench granted liberty to any interested person to approach the court if required. “Breach of conditions will be viewed seriously. Petitioners can move the court with sufficient facts and figures seeking appropriate directions,” the bench said.
In his PIL, Deepak had sought directions to the government to withdraw the Cabinet decision on night safari. The petitioner had submitted that the decision to start a night safari in the BBP violates Section 35 (6) of the Wildlife Protection Act. “Under this provision, no person shall destroy, exploit or remove any wildlife from a national park or destroy or damage or divert the habitat of any wild animal,” the petitioner said.
The petitioner had contended that the decision to introduce night safari will disturb the animals.
However, the Central Zoo Authority of India (CZAI) on April 16, 2010 submitted before the High Court that it had approved Master Layout plan of the BBP submitted by the state government allowing night safari. The master plan had been approved by CZAI on December 23, 2009. On March 29, 2010, it had approved the master layout plan which includes the proposed night safari.
The State submitted that out of a total of 10,270 hectares of Bannerghatta National park only 732 hectares was earmarked for the BBP. The State had prepared a detailed report of Rs 178-crore project to develop the biological park and purchase of special night safari vehicles. Of this amount, Rs 72 crore is to be raised by soft loans, while the State will grant Rs 106 crore.
It was also decided to form the Bannerghatta Night Safari Limited to take up the project and reserve the state grant for 2010 to 2013.