A division bench of the Gauhati High Court, comprising Chief Justice TU Choudhury and Justice Suman Shyam, upheld the notification issued by the Assam Government.
Deepor Beel As Wildlife Sanctuary
In this regard, the Court noted, ”It would be pertinent to note here-in that ‘Deepor Beel’ is a permanent freshwater lake located in the south western part of the city of Guwahati. It is the only wetland of international significance in Assam and is included in the list of Ramsar sites with effect from August 19, 2002.”
”Apart from being a staging site for the migratory birds, Deepor Beel is the only major storm water storage basin for the city of Guwahati. Therefore, the preservation and protection of Deepor Beel is in the larger public interest for the residents of Guwahati. Realising the importance of the ‘beel’ even the writ petitioners have underscored the need to preserve and protect it from pollution and encroachment,” the Court remarked.
Notably, the intra-court appeal was directed against the judgement. Order dated December 21, 2017 passed by the learned single-judge in WP(C) (4113/2009) setting aside the notification dated February 21, 2009 issued under Section 18 and Section 26A(1)(b) of the Wild Life (Protection) Act, 1972, declaring an area of 4.1 square kilometres of the water body commonly known as the ‘Deepor Beel’ to be a wildlife area sanctuary within the meaning of the Act of 1972.
