[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to constitute Bio-Diversity Management Committees in all local bodies in the State of Tamil Nadu in pursuance of Section 41 of the Biological Diversity Act,2002 and also under Rule 22 of the Biological Diversity Rules, 2004, by way of issuing a writ of mandamus.
2.Mr.G.R.Swaminathan, learned Assistant Solicitor General of India, has taken notice for the first respondent and Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 2 to 5.
3.The learned counsel appearing for the petitioner has contended to the effect that for the purpose of preventing scantling of natural resources in every village, in the year 2002, the Biological Diversity Act has been enacted by the Central Government, wherein as per
Section 41, in every local body Bio-Diversity Management Committee should be established, but in pursuance of the said Act coupled with Rule 22 of the Biological Diversity Rules, 2004, the Government of Tamil Nadu has not established the said Committee in all local bodies and under the said circumstances, the present writ petition has been filed.
4.The learned Special Government Pleader appearing for the respondents 2 to 5 has also conceded to the effect that as per the Act mentioned in the petition in every local body for the purpose of safeguarding natural resources Bio-Diversity Management Committee has to be established and in Tamil Nadu in some local bodies, the said Committees have been constituted.
5.Considering the primary object of the Biological Diversity Act and also considering the fact that in some local bodies in Tamil Nadu, such Committee has not been established, this Court is inclined to pass the following order.
6.In fine, this writ petition is allowed without costs and the respondents are directed to constitute Bio-Diversity Management Committees in all local bodies throughout Tamil Nadu within a period of one year.
To
1.The Principal Secretary, Ministry of Environment, Forest and Climate Change, Government of India, Indira Paryavaran Bhavan, Jorbagh Road, New Delhi ? 110 003.
2.The Principal Secretary, Department of Environment, Forest and Climate Change, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai ? 9.
3.The Member Secretary, Shri Subrat Mohapatra, IFS, Member Secretary (I/C), Tamilnadu Biodiversity Board, Chief Conservator of Forests (Biodiversity), TBGP-Office Complex, II Floor, Velachery ? Tambaram Main Road, Nanmangalam, Medavakkam Post, Chennai ? 600 100.
4.The Chairperson, National Biodiversity Authority, 5th floor, TICEL Bio Park, CSIR Road, Taramani, Chennai ? 600 113.
5.The Secretary to Government, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai ? 9.
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