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Smt. Shaheen Zainab vs The District Collector (Chairman ... on 14 September, 2021

Bench: Sanjay Kishan Kaul, M.M. Sundresh

     ITEM NO.10                    Court 6 (Video Conferencing)            SECTION XII

                                   S U P R E M E C O U R T O F     I N D I A
                                           RECORD OF PROCEEDINGS

                         Petition(s) for Special Leave to Appeal (C)   No.787/2019

     (Arising out of impugned final judgment and order dated 08-06-2018
     in WP No. 26062/2017 passed by the High Court of Judicature at
     Madras)

     SMT. SHAHEEN ZAINAB                                                Petitioner(s)

                                                    VERSUS

     THE DISTRICT COLLECTOR
     (CHAIRMAN DISTRICT COMMITTEE)                                     Respondent(s)


     Date : 14-09-2021 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                             HON'BLE MR. JUSTICE M.M. SUNDRESH


     For Petitioner(s)                 Mr. Nitin Sangra, Adv.
                                       Mr. Mahesh Kumar, Adv.
                                       Ms. Devika Khanna, Adv.
                                       Mrs. V. D. Khanna, AOR

     For Respondent(s)                 Mr. Jaideep Gupta, Sr. Adv.
                                       Mr. D. kumanan, AOR
                                       Mr. Sheikh Fakhruddin Kalia, Adv.


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Learned counsel for parties have obtained instructions and it is agreed that the grievance of the petitioner be addressed before a Three Member Inquiry Committee constituted by this Court in C.A.Nos.3438-3439 of 2020 decided on 14.10.2021, paragraph 43 of the said judgment is reproduced hereunder:-

Digitally signed by RASHI GUPTA Date: 2021.09.14

“43. Therefore, we appoint a 3-member Inquiry Committee 18:08:28 IST Reason: consisting of: (i) Hon’ble Mr. Justice K. Venkatraman, Former Judge of the Madras High Court (Chairman); (ii) Mr. Ajay Desai, Consultant to World Wide Fund for Nature-India and Member of the Technical Committee to come up with a National Elephant Action Plan (NEAP),  constituted by the Union Ministry of Environment, Forest and Climate Change (MOEF&CC); and (iii) Mr. Praveen Bhargava, Trustee of Wildlife First and Former Member of National Board for Wildlife to decide the individual objections of the appellants and any other persons claiming to be aggrieved by the actions of the District Collector, Nilgiris pursuant to the impugned G.O. and as recorded before us through her Plan of Action Report and her twin Action Taken Reports, as also the allegations regarding arbitrary variance in acreage of the elephant corridor under the impugned G.O. The State Government is directed to consult the Chairman of the Inquiry Committee and pay remuneration to him and the other Members of the Inquiry Committee. Further, we direct the State Government to provide appropriate secretarial assistance and logistical support to the Inquiry Committee for holding the inquiry within four weeks from today.” Petitioner to apply before the aforesaid Committee within a period of four weeks from today.

The interim order passed by this Court on 04.2.2019 would continue for the benefit of the petitioner till a call is taken by the committee.

Needless to say that the Committee would not be influenced by any observations made in the impugned judgment.

The special leave petition accordingly stands disposed of.

Pending applications, if any, stand disposed of.

    (RASHMI DHYANI)                                 (POONAM VAID)
     COURT MASTER                                   COURT MASTER