Allahabad High Court Judgement

Allahabad High Court Judgement

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice at mail@myadvocates.club
JUDGEMENT HEADLINE : No Licence Under Arms Act 1959 Shall Be Granted In UP Without NOC Of Chief Wild Life Warden In Areas Falling Within The Purview Of Section 34 Of Arms.
JUDGEMENT TITLE : Dr. Ravindra Shukla And 2 Others Vs. State Of U.P. And 4 Others On 12/09/2014 By Allahabad High Court
CASE NO : PUBLIC INTEREST LITIGATION (PIL) NO. 42084 OF 2014
CORAM : Hon'ble Dhananjaya Yeshwant Chandrachud,Chief Justice And Hon'ble Dilip Gupta,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

Chief Justice's Court AFR

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 42084 Of 2014

Petitioners :- Dr. Ravindra Shukla And 2 Others

Respondents :- State Of U.P. And 4 Others

Counsel For Petitioners :- Sushil Jaiswal, Rakesh Chandra Tiwari

Counsel For Respondents :- C.S.C

Hon'ble Dr. Dhananjaya Yeshwant Chandrachud, Chief Justice
Hon'ble Dilip Gupta, J.

In A Petition Which Has Been Filed In The Public Interest, The Petitioners Have Highlighted A Serious Issue Relating To The Issuance Of Arms Licences Without The Prior Concurrence Of The Chief Wild Life Warden, In Violation Of The Provisions Of Section 34 (3) Of The Wild Life (Protection) Act, 19721.
A Wild Life Sanctuary By The Name Of Hastinapur Sanctuary, Spread Over An Area Of 2073 Sq Km, Is Situated In The Districts Of Meerut, Ghaziabad, Bijnore And Jyotiba Phule Nagar. The Population Of The Sanctuary Includes Various Species Of Antelope, Sambhar, Cheetal, Blue Bull, Leopard, Hyena, Wild Cat And Different Types Of Birds. It Also Has Alligators.
The Grievance Of The Petitioners Is That The District Magistrate, Jyotiba Phule Nagar (Amroha) Has Issued Arms Licences Without Observing The Requirement Of The Prior Concurrence Of The Chief Wild Life Warden.
Section 34 Of The Act Of 1972 Provides As Follows:
"34. Registration Of Certain Persons In Possession Of Arms.- (1) Within Three Months From The Declaration Of Any Area As A Sanctuary, Every Person Residing In Or Within Ten Kilometers Of Any Such Sanctuary And Holding A Licence Granted Under The Arms Act, 1959 (54 Of 1959), For The Possession Of Arms Or Exempted From The Provisions Of That Act And Possessing Arms, Shall Apply In Such Form, On Payment Of Such Fee And Within Such Time As May Be Prescribed, To The Chief Wild Life Warden Or The Authorised Officer, For The Registration Of His Name.
(2) On Receipt Of An Application Under Sub-section (1), The Chief Wild Life Warden Or The Authorised Officer Shall Register The Name Of The Applicant In Such Manner As May Be Prescribed.
(3) No New Licences Under The Arms Act, 1959 (54 Of 1959) Shall Be Granted Within A Radius Of Ten Kilometers Of A Sanctuary Without The Prior Concurrence Of The Chief Wild Life Warden."
Under Sub-section (1) Of Section 34, On The Declaration Of An Area As A Sanctuary, Every Person Residing Within A Radius Of Ten Kilometers And Holding A Licnece Under The Arms Act, 1959, And Even A Person Exempted From The Provisions Of The That Act And Possessing Arms, Has To Apply To The Chief Wild Life Warden For The Registration Of His Name. Under Sub-section (3), No New Licences Can Be Granted Within A Radius Of Ten Kilometers Of A Sanctuary Without The Prior Concurrence Of The Chief Wild Life Warden.
The Counter Affidavit Which Has Been Filed By The Present District Magistrate, Who Has Taken Charge On 8 June 2014, States That As Many As 166 Arms Licences Were Granted In 2005-06, 2006-07 And 2007-08 Without A No Objection Certificate2 From The Chief Wild Life Warden. Notices Have Been Issued On 31 May 2014 To All Such Arms Licence Holders, Numbering 166. In The Case Of 33 Arms Lience Holders, The Chief Wild Life Warden Found That NOC Had Been Issued. In Respect Of The Balance 133 Arms Licence Holders, Neither Has Any Reply To The Show Cause Notices Been Received Nor Have Any NOCs Granted By The Chief Wild Life Warden Been Submitted. Consequently, Fresh Notices Have Been Issued By The Chief Wild Life Warden On 29 August 2014 To 133 Arms Licence Holders For Cancellation Of Licences As They Do Not Have The NOC Of The Chief Wild Life Warden, And Hearing Is To Take Place On 20 September 2014.
We, Accordingly, Direct That The Competent Authority Shall Take Necessary Steps In Accordance With Law In Pursuance Of Notices To Show Cause Which Have Been Issued On 29 August 2014 And Even Earlier, In Respect Of Those Arms Licence Holders Who Do Not Have The NOC Of The Chief Wild Life Warden Under Section 34 (3) Of The Act Of 1972.
We Also Issue A General Direction To The Effect That Hereafter, No Licence Under The Arms Act, 1959 Shall Be Granted In The State Of U.P. Without The NOC Of The Chief Wild Life Warden In Those Areas Which Fall Within The Purview Of Section 34 Of The Act Of 1972. The State Government Shall Take Necessary Steps To Issue Directions To All The District Magistrates Concerned To Take Steps With Reference To Those Arms Licences Which Have Been Granted Without Complying With The Provisions Of Section 34 (3) In Respect Of Those Areas Which Fall Within A Radius Of Ten Kilometers Of A Sanctuary.
We Also Clarify That Since The State Government Has Referred To The Position Of The Arms Licences Which Were Granted Between 2005 To 2008, In The Event That Arms Licences Were Granted Thereafter Without Complying With The Provisions Of Section 34 (3) Of The Act Of 1972, Necessary Action Shall Be Taken In Accordance With Law.
The Learned Standing Counsel Shall Take Steps To Transmit A Copy Of This Order To The Principal Secretary (Home) Who Shall Take Necessary Steps For Compliance Of This Order By Issuing Instructions To All The Concerned District Magistrates.
The Writ Petition Is, Accordingly, Disposed Of. There Shall Be No Order As To Costs

Go to Navigation