Yesterday, Gujarat High Court directed the State Government to implement various provisions of the Wildlife Protection Act, 1972 and the Government Resolution dated May 22, 2019, issued by the Forest & Environment Department in its true spirit, for the religious campus located on the hills of Girnar.

The division bench of Acting Chief Justice A. J. Desai and Justice Biren Vaishnav observed:

“We are also of the considered view that there are many fundamental duties of citizens of this country as provided under Articles 48-A and 51-A, including to protect the monuments and places and objects of national importance under Clause (g) of Article 51-A of Constitution of India. It is also one of the fundamental duties of the citizen to protect the natural environment including forests, lakes, rivers and Wildlife and to have compassion for living creatures.”

Case Brief:

PIL before Hon'ble Court seeking to direct authorities for implementation of the provisions of Articles 21, 48-A, 51-A(g) of the Constitution of India and provisions of Section 27(Restriction on entry in the sanctuary), Section 28 (Grant of permit), Section 29 (Destruction, etc., in a sanctuary prohibited without a permit), Section 30 (Causing fire prohibited) and Section 32 (Ban on use of injurious substances) of The Wildlife (Protection) Act, 1972 for the religious campus located on the hills of Girnar- Ambika temple and Dattatrey temple etc.

In its petition, it was submitted that thousands of people visit the aforesaid temples daily but the location is not being properly maintained by the State Government and used plastic wastage has been thrown by the visitors which is not regularly cleaned.

Earlier, in March, the court directed the District Collector, Junagadh, Chief Conservator of Forests, Junagadh Circle and the Commissioner, Junagadh Municipal Corporation to submit their joint report about the proposed steps to be taken to maintain a clean environment and to protect the flora and fauna in the area of Girnar Hills.

The court directed as follows:

“The Authority shall see that the proposed action referred to in paragraphs 8 to 12 or any other action which is referred to in the affidavit dated 23.03.2023 signed by the three officers of the government, be implemented in its true spirit.”

The court further directed the authority to implement the provisions of the Wildlife Protection Act, 1972, as well as the Government Resolution dated May 22, 2019.

The next date of hearing is 3rd July 2023.

Case Title: Amit Manibhai Panchal v. State of Gujarat