Yusuf Ali & ORS v. Govt Of NCT Of Delhi & ANR

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2602/2018 YUSUF ALI & ORS ..... Petitioners Through Mr. Tarun Khanna, Adv. for petitioner No.1 Mr. Rajshekhar Rao and Mr. Karthik Sundar, Advs. for petitioner No.4 / applicant.

versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. Santosh K. Tripathi, ASC (GNCTD) with Mr. Shashank Tiwari, Adv for R 1 and 2 with Mr. V. B.

Dasan, Wildlife Inspector.

Mr. Anil Mittal, Ms. Asiya, Advs.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 12.02.2019 CM Appln. No.44331/2018 1.

The Applicant/ Petitioner No. 4 has filed the present application, inter alia, praying that that the respondent No.2, the Chief Wildlife Warden, Govt of NCT of Delhi, be directed to issue a Transportation Certificate in order to enable the petitioner to house the elephant (Hira Gaj) at an alternative site located at Baghpat, Uttar Pradesh.

2.

Chief Wildlife Warden, U.P., has filed a counter affidavit, indicating that this site was inspected by the Wildlife Authorities, U.P. and the same

was found to be unsuitable. In this view, the elephant in question (Hira Gaj) cannot be re-located at the said site.

3.

Mr.

Rajshekhar Rao, learned counsel appearing for the applicant/petitioner No.4, states that the petitioner may be afforded an opportunity to take recourse against the decision of Chief Wildlife Warden, U.P. He requests that Hira Gaj may not forcibly be removed for a further period of six weeks to enable the petitioner to do so. 4.

In view of the above, the petition is disposed of. Hira Gaj will not be removed by the concerned Authorities for a further period of six weeks to enable the petitioner to take recourse against the order passed by the Wildlife Authorities (U.P) before the competent court. 5.

It is clarified that this Court has not examined any of the issues on merits and nothing stated in this order should be construed as such. VIBHU BAKHRU, J FEBRUARY 12, 2019 DR