A bench of Justice Rekha Palli in an order passed on October 11, said "the respondents to decide the petitioner's representation dated June 25, 2019, bypassing a reasoned and speaking order within a period of six weeks"
"Needless to state, in case the petitioner is aggrieved by any order passed in his representation, it will be open for him to take legal recourse as permissible in law", Court said.
Meanwhile, advocate Satyakam, Additional Standing Counsel for Government of NCT Delhi accepted the notice and submitted that the respondents have no objection to deciding the petitioner's representation expeditiously.
The Petition stated that the petitioner Verhagen Khanna through his representation dated June 25, 2019, had apprised the Chief Wildlife Warden of the sharp barbed wire fencing inside the Sanjay Van Forest area, which is continuously disrupting and inflicting harm to the lives of wild animals living in the said forest. The fence has been placed in such a manner that it prevents Wildlife from approaching a lake.
It further stated that the Petitioner through his representation had further requested the Chief Wildlife Warden to take appropriate action for the removal of the said fencing. Subsequently, as no response was received, the Petitioner sent reminders dated May 28, 2019, January 1, 2020, and September 3, 2021, to the respondent, requesting him to take immediate action on the aforesaid issue in order to ensure appropriate protection of wildlife by removal of the sharp barbed wire fencing.
Advocates Aditya N. Prasad and Dhriti Chhabra appeared for the petitioner submitted that neither has any action been taken nor has any response been received by the petitioner on his representation and reminders till date, notwithstanding the gravity of the matter.
Lawyers also submitted that the barbed wire fences have been installed throughout the vicinity of Sanjay Van Forest which has hampered the movements of the wild animals, violating Section 9 of the Wildlife Protection Act, 1972. The lack of necessary action by the respondents in terms of the Wildlife Protection Act, 1972 has led to several animals being forced to put their life in jeopardy for basic necessities such as water.
The respondents are exclusively trained and specifically entrusted to protect the natural assets, flora and fauna, held by the State, however, they have conveniently disregarded their statutory responsibilities as protected forests are extended to the citizens for their well-being at large, such hindrance in the natural ecological system along with the continuous harm conferred to the wild animals is also directly affecting the Petitioner's Fundamental Right to a healthy environment guaranteed by Article 21 of the Constitution of India, plea read. (ANI)