Mitali Palnitkar
Published on: March 11, 2022 at 19:57 IST
The Guwahati High Court directed the Centre to file an Affidavit before the Court prior to the next Hearing indicating if it has developed any plans, strategies, etc for Conservation, Promotion and Sustainable use of Biological Diversity as mandated under Section 36 of Biological Diversity Act, 2002.
The Provision empowers the Centre to develop strategies such as measures for identifying and monitoring areas rich in Biological Resources, promotion of in situ and ex situ, Conservation of Biological Resource, etc. It also includes Incentives for research, training and public education to increase awareness about Biodiversity.
The Centre is also empowered to direct the State Governments to take immediate ameliorative measures for preventing abuse of areas rich in Biodiversity.
In this Case, the Court dealt with a batch of Public Interest Litigations (PILs) filed in 2020, in relation to Environment Protection and sustainable use of Biological Resources in the State.
In February 2021, the Court had asked the Centre about the steps taken under Section 36 of the Act. In January 2022, it reminded the Centre to file a Report.
The Court observed that even after requesting the Additional Solicitor General of India to apprise the Court about the measures taken by the Centre under Section 36 of the Act, it was never apprised about it. Thus, it presumed that the Centre did not take any measures.
On March 9, 2022; the Court noted that the Centre did not file the Affidavit yet with respect to the Mandate under Section 36 of the Act.
Therefore, the Centre was directed by the Court to file an Affidavit positively before the next date of Listing. However, if the Centre fails to do so, the Secretary/Joint Secretary of Department of Environment and Forest (Government of India), shall be required to be present before the Court in person.
Further, the Court allowed impleading the National Biodiversity Authority and the State Biodiversity Board, which are necessary parties in the Petitions filed.
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