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Before the Hon’ble Mr. Justice Rajiv Sharma, Punjab & Haryana High Court

Naresh Kadyan, Chief National Commissioner

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Before the Hon’ble Mr. Justice Rajiv Sharma, Punjab & Haryana High Court
Complainant Naresh Kadyan son of Ch. Om Parkash Kadyan, C-38, Rose Apartment, Prashant
Vihar, sector-14, Rohini, Delhi – 110085. Jat by birth: Fighter by spirit: Cobbler by profession:
Activist by mission: Humanitarian by choice; Chief National Commissioner, Scouts & Guides for
Animals & Birds; National Authority for Animal Welfare, OIPA – Indian People for Animal
Welfare. WhatsApp: 9813010595 Email: kadyan.ipfa@gmail.com
With support
1. Abhishek Kadyan based in Canada.
2. Mrs. Suman Kadyan based in Canada.
3. Mrs. Sukanya Berwal based in Ahmadabad.
Blessed by:
Ch. Om Parkash Kadyan, BDPO (Rtd) with Mrs. Sharda Kadyan
………………Petitioners.
Versus
1. National Biodiversity Authority, Chennai.
2. Directorate General of Defense Estates, New Delhi.
3. Animal Welfare Board of India, NIAW Campus, Ballabhgarh.
4. Rastriya Kamdhenu Ayog, New Delhi.
5. Chief Secretaries of Haryana, Punjab and UT Chandigarh.
………………Respondents.

INDEX

1. Map about 28 State Biodiversity Board with 9 UT’s 3

2. Complaint in public interest 4-8
3. Communication about BMC – Flora and fauna 9-14
4. Right to Information’s communication about gochar land with Biodiversity 15-21
5. Instruction about auction of gauchar land in Haryana 22
6. AWBI circular about gauchar land with orders passed by Court of law 23-26
7. AWBI replied No action on gauchar land by all State / UT – No feeding charges fixed 27
8. Western Command communication 28
9. Cantonment at Dagshai replied 29-30
10. Cantonment at Jalandhar replied 31-32
11. AWBI - NBA replied about BMC - PBR 33-37
12. Infirmaries Notified by Punjab 38-39
13. Infirmaries Notified by Haryana with reply 40-41
14. Feeding charges communication by Prosecution 42
15. AWBI about feeding charges 43-44
16. 5868 Biodiversity Management Committees constituted in Haryana 45
17. Bill No. 5 of HLA of 2019 46
18. Species of Plants and animals which are on the verge of extinction in the state of Punjab 47-48
19. Amritsar Cantonment reply 49-50
20. AWBI stated that they don’t received status of Gauchar land 51
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1. Abhishek Kadyan based in Canada.

2. Mrs. Suman Kadyan based in Canada.
3. Mrs. Sukanya Berwal based in Ahmadabad.
Blessed by:
Ch. Om Parkash Kadyan, BDPO (Rtd) with Mrs. Sharda Kadyan
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Before the Hon’ble Mr. Justice Rajiv Sharma, Punjab & Haryana High Court

Complainant Naresh Kadyan son of Ch. Om Parkash Kadyan, C-38, Rose Apartment, Prashant
Vihar, sector-14, Rohini, Delhi – 110085. Jat by birth: Fighter by spirit: Cobbler by profession:
Activist by mission: Humanitarian by choice; Chief National Commissioner, Scouts & Guides for
Animals & Birds; National Authority for Animal Welfare, OIPA – Indian People for Animal
Welfare. WhatsApp: 9813010595 Email: kadyan.ipfa@gmail.com
With support
1. Abhishek Kadyan based in Canada.
2. Mrs. Suman Kadyan based in Canada.
3. Mrs. Sukanya Berwal based in Ahmadabad.
Blessed by:
Ch. Om Parkash Kadyan, BDPO (Rtd) with Mrs. Sharda Kadyan
………………Petitioners.
Versus
1. National Biodiversity Authority, Chennai.
2. Directorate General of Defense Estates, New Delhi.
3. Animal Welfare Board of India, NIAW Campus, Ballabhgarh.
4. Rastriya Kamdhenu Ayog, New Delhi.
5. Chief Secretaries of Haryana, Punjab and UT Chandigarh.
………………Respondents.
th
During celebrations of 150 Birth Anniversary of Mahatma Gandhi, Respectfully showeth:
Being Jat by birth, cobbler by profession, activist by mission, fighter by spirit and
humanitarian by choice - It is humbly submitted that:
Kindly refer to the two petitions under RTI Act read with the orders passed by the Deputy
Commissioner, Palwal in case ID No. 55802D2780030816: Case No. 375 of 2016 decided on 25-7-
2016 moved by Lalit Kumar Mandkol, keeping in view CWP No. 26839 of 2016 decided on 22-12-
2016 along with AWBI circular No. 3-1/2017-18/Estt dated 5-3-2018 with replied under RTI vide
No 25-24/2019-20/RTIMIS dated 2-7-2019 reported that AWBI not received compliance report.

In the past, every village or cluster of villages in India was given 5-50 hectares of grazing lands
looking on the cattle population and availability of such land popularly referred to as Gauchar
(grazing) or Panchayat land for the common grazing of the livestock. Owing to increased human
and livestock population, continuous uncontrolled grazing and cutting of woody vegetation,
community grazing lands are deteriorating, besides, a number of the areas are gradually
encroached and given to landless individuals by the government, leading to shrinkage of these
common lands, due to it, increased grazing pressure on the adjacent forest lands, endangering the
very existence of forests. At present for all practical purpose community grazing lands in India
include (1) Panchayat grazing land specifically demarcated for the purpose (2) revenue and other
waste land commonly utilized for grazing and (3) degraded forests land illegally or legally allowed
for grazing.
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In Haryana, titles of gauchar land changed without competency at the level of Sarpanch, allotted to
the people, for example village Sarai Khatela in Hodal Block of Palwal District, managed to destroy
gauchar land, used for another purpose, besides it titles of gauchar land changed to other purpose
without competency , whereas AWBI asked all Chief Secretaries to follow up the Court of Law
orders vide AWBI circular No. 3-1/2017-18/Estt dated 5-3-2018 with replied under RTI vide No 25-
24/2019-20/RTIMIS dated 2-7-2019 but AWBI reported that they didn’t received compliance
report, hence status report on gochran land may kindly be asked, directing removal of all
encroachments within time limits appointing Court Commission.

1. The National Biodiversity Authority (NBA) was established in 2003 by the Central
Government to implement India’s Biological Diversity Act (2002). The NBA is a statutory
body and that performs facilitative, regulatory and advisory function for Government of
India on issue of Conservation, sustainable use of biological resource and fair equitable
sharing of benefits of use. The Biological diversity Act (2002) mandates implementation of
the provisions of the Act through decentralized system with the NBA focusing on advice the
Central Government on matters relating to the conservation of biodiversity, sustainable use
of its components and equitable sharing of benefits arising out of the utilization of biological
resources; advice the State Government in the selection of areas of biodiversity importance
to be notified under Sub-Section (1) of Section 37 as heritage sites and measures for the
management of such heritage sites. The state Biodiversity Board (SBBs) focus on advice the
State Governments, subject to any guidelines issued by the Central Government, on matters
relating to the conservation of biodiversity, sustainable use of its components and equitable
sharing of the benefits arising out of the utilization of biological resources. The NBA
considers requests by granting approval or otherwise for undertaking ant activity referred
to in Sections 3,4 and 6 of the Act. The SBBs also regulate by granting of approvals or
otherwise upon requests for commercial utilization or bio-survey and bio-utilization of any
biological resource by the Indians. The Local Level Biodiversity Management committees
(BMCs) are responsible for promoting conservation, sustainable use and documentation of
biological diversity including preservation of habitats, conservation of land races, folk
varieties and cultivators, domesticated stocks and breeds of animals and microorganisms
besides chronicling of knowledge relating to biological diversity. The NBA with its
Headquarters in Chennai, Tamil Nadu, India delivers its mandate through a structure that
comprises of the Authority, secretariat, SBBs, BMCs and Expert Committees. Since its
establishment, NBA has supported creation of SBBs in 29 States, facilitated establishment
of BMCs to prepare & maintain PBR’s.
2. To prevent the infliction of unnecessary pain or suffering on animals, in terms of the
provision of the Prevention of Cruelty to Animals (PCA) Act, 1960; Mandate of Animal
Welfare Board of India, restoring five freedom of all living creatures other than human
beings, whereas without assessing rich species & consumption of meat – chickens along with
its demand, besides it No surplus census of animals & birds to export; No permission
obtained from BMC to misbalance PBR. Even animal & birds are being ill treated, shifting
as goods, vehicles are not approved by the Bureau of Indian Standards, whereas animals
can be transported as per their shape & size instead weight.
3. Wildlife Crime Control Bureau is a statutory multi-disciplinary body established by the
Government of India under the Ministry of Environment and Forests, to combat organized
wildlife crime in the country. Under Section 38 (Z) of the Wild Life (Protection) Act, 1972, it
is mandated to collect and collate intelligence related to organized wildlife crime activities
and to disseminate the same to State and other enforcement agencies for immediate action
so as to apprehend the criminals; to establish a centralized wildlife crime data bank; co-
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ordinate actions by various agencies in connection with the enforcement of the provisions of
the Act; assist foreign authorities and international organization concerned to facilitate co-
ordination and universal action for wildlife crime control; capacity building of the wildlife
crime enforcement agencies for scientific and professional investigation into wildlife crimes
and assist State Governments to ensure success in prosecutions related to wildlife crimes;
and advise the Government of India on issues relating to wildlife crimes having national
and international ramifications, relevant policy and laws. It also assists and advises the
Customs authorities in inspection of the consignments of flora & fauna as per the provisions
of Wild Life Protection Act, CITES and EXIM Policy governing such an item.
4. There are 62 notified Cantonments in India occupying an area of 1,57,000 acres: 25 in
Central Command, 19 in Southern Command, 13 in Western Command, 4 in Eastern
Command and one in the Northern Command. In addition 15,96,000 acres is in use for
military garrisons, quartering, camping, offices and training areas.
As per section 41 of the Biological Diversity Act, 2002 every local body shall constitute a
Biodiversity Management Committee within its area of jurisdiction, whereas under section
45 of the said Act, the annual reports of the BMCs are to be submitted to the local body of
the concerned area, besides it section 47 of the said Act also mandate the BMCs to submit a
copy of the same to the concerned District Magistrate having jurisdiction of the area of the
local body. It would also be pertinent to mention here that as per section 22 (6)(8-11) of the
Biological Diversity Rules, 2004 that the main function of the BMC is to prepare Peoples
Biodiversity Register in consultation with local people, the Register shall contain
comprehensive information on availability and knowledge of local biological resources,
their medicinal or any other use or any other traditional knowledge associated with them,
whereas:

1. No rich - surplus census of animals & birds, to slaughter for their flesh, bone, blood, hairs.
2. No rich - surplus census of animals & birds, to export for personal gain & profit.
3. Non ISI vehicles shifted animals in overcrowded positions.
4. Biological resources need attention to protect species from extinction.
5. No BMC’s functional & PBR’s maintained all around 62 Cantonments.
6. As per section 22 (2) of the Biological Diversity Act, 2002: Notwithstanding anything
contained in this section, no State Biodiversity Board shall be constituted for a Union
territory and in relation to a Union territory, the National Biodiversity Authority shall
exercise the powers and perform the functions of a State Biodiversity Board for that Union
territory: Provided that in relation to any Union territory, the National Biodiversity
Authority may delegate all or any of its powers or functions under this sub-section to such
person or group of persons as the Central Government may specify.
RTI Request Registration number NBDAT/R/2019/50019
Public Authority National Biodiversity Authority
Mrs. Sukanya Berwal, Commissioner of Education, Scouts & Guides for Animals & Birds
explained that 62 Cantonments are handled, managed under the Cantonment Act, 2006
being Municipality, Biodiversity Management Committees along with Peoples Biodiversity
Registers are being maintained as per Biological Diversity Act, 2002, Rich - extinct species
of flora and fauna also prepared and protected the safe guard of five freedoms as per article
51 of Indian Constitution read with the orders passed by the Court of law, hence supply me
the copies of all communications made and received related to above explained positions
along with the copies of Noting sheets, during the consideration of the communications,
please supply me the following Information along with the concerned Noting sheets, related
to all 62 Cantonments:
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1. Complete list of Biodiversity Management Committees are formed under the

jurisdictions of Cantonment Boards.
2. Complete list of Peoples Biodiversity Registers are formed under the jurisdictions of
Cantonment Boards.
3. Complete list of Society for Prevention of Cruelty to Animals: SPCAs are formed under
the jurisdictions of Cantonment Boards.
4. Complete list of Infirmaries are formed & functional under the jurisdictions of
Cantonment Boards as per section 35 of the Prevention of Cruelty to Animals Act, 1960.
5. Complete list of rich species of flora & fauna are maintained - prepared under the
jurisdictions of Cantonment Boards.
6. Complete list of flora & fauna are going to extinct - disappear under the jurisdictions of
Cantonment Boards.
7. Complete list of Committees on Slaughter Houses are formed under the jurisdictions of
Cantonment Boards, keeping in view the orders passed by the Supreme Court of India in
CWP No. 309 of 2003.
8. Complete list of legal - illegal slaughter houses - meat shops under all 62 Cantonments.
9. Complete list of animal trophies in the custody of all these 62 Cantonments along with the
copies of their ownership - declaration before the competent Authorities in time.
10. Complete list of complainants received - action taken reports about the animal trophies
in custody of these Cantonments.
11. Complete list of complaints received - action taken reports on the stray animals with
their species & gender as Cattles, dogs, cat, pig, donkey, Ass etc along with the Pashu Fatak
in functions.
12. Complete census of animals & birds under the jurisdiction of all 62 Cantonments along
with the details about the Dairy Farms, disposal of animals under all these Military Dairy
Farms, gender wise male - heifer - females with species.
13. Complete list of unused bore wells - tube wells all around the jurisdiction of 62
Cantonments with the list of dismantle as per orders passed by the Supreme Court in CWP
No. 36 of 2009.

RTI Request Registration number MOPRJ/R/2019/51865

Public Authority Ministry of Panchayati Raj
RTI Request Registration number DIGDE/R/2019/50077
Public Authority Directorate General Defence Estates (DGDE)
RTI Request Registration number MOURB/R/2019/50739
Public Authority Ministry of Housing & Urban Affairs
RTI Request Registration number AWBIC/R/2019/50028
Public Authority Animal welfare Board of India, Chennai
PRAYER:
1. Status reports on the biodiversity of Gauchar land, removing all encroachments, appointing
Commission and constituted Board on Gauchar Land, conserving flora and fauna.
2. To frame Rules for State Biodiversity Board, Haryana.
3. To prepare list for flora & fauna, verge to be extinction.
4. As per the Act, the local bodies constitute the BMC in accordance with Section 41, within
their area of jurisdiction for the purpose of promoting conservation, sustainable use and
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documentation of biological diversity including preservation of habitats, conservation of

land races, folk varieties and cultivars, domesticated stocks and breeds of animals, micro-
organisms and chronicling of knowledge relating to biological diversity. The BMC consists
of a Chairperson, and six persons nominated by local bodies, including 1/3rd women and
18% SC/ST. The functions of BMCs are to Prepare, maintain and validate People’s
Biodiversity Register (PBR) in consultation with the local people. The BMC is to maintain a
Register giving information about the details of biological resources and traditional
knowledge available within the jurisdiction of BMC. Advice on any matter referred to it by
the State Biodiversity Board or Authority for granting approval, to maintain data about the
local vaids and practitioners using the biological resources, issue directions to obey.
5. The National Biodiversity Authority failed to delegate its powers according section 22 (2)
along with formation of BMC’s all around 62 Cantonments with 9 Union Territories as
well, necessary directions may be given to the Respondents.
6. Only selected class of public servants authorized to lodge complaint, needs to be
decentralize, whereas authorized officials failed to perform as per law.
7. Status report on the strict compliance of the Judgment passed by the Hon’ble National
Green Tribunal (Principal Bench), New Delhi in original Application No. 347 of 2016 on
08.08.2018 along with 12-4-2019 & 9-8-2019, dead line January 30, 2020.
8. PBR’s be prepared – maintained, restoration 5 freedoms of animals.
9. Status reports on the grant in aid disbursed by the NBA, since beginning as audit
observations are seen in the Audited Balance Sheets on NBA.
10. Whether Monkey, Blue bulls & Wild Boar menace being public nuisance, handled by which
Authority, either by Department of Wildlife or Urban & Local Body, needs clarification?
Abandoned Monkey, Blue bulls & Wild Boar needs to be declared vermin being public
nuisance as per legal provisions under section 62 of the Wildlife Protection Act, 1972 to
handle as stray animal by the Urban & Local Bodies along with the Society for Prevention
of Cruelty to Animals, exercise of the powers conferred by section 62 of the Wild Life
(Protection) Act, 1972 (53 of 1972), the Central Government, can declare Rhesus Macaque -
Wild Boar & Blue bull, as vermin and included in Schedule V of the said Act, for a period
as per decision of the competent Authority, verifying that these species are rich, disclosing
in the PBR’s, confirming that all are born & brought up in human habitat, look like wild
animal as per their shape & size but don’t have wild character.
11. Status reports on the proper establishments of the Society for Prevention of Cruelty to
Animals all around, to gazette Notified.
12. Status report of the proper establishment of Infirmaries, as per law and orders passed.
13. To fix up feeding charges of all species of animals & birds, as per law as AWBI reported
under RTI that No rates yet to be fixed.
14. Animal abusers registry be maintained to respect five freedoms of animals.

Naresh Kadyan Om Parkash Kadyan, BDPO (Rtd)

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