PIL seeks protection of Galathea Bay Wildlife Sanctuary, world's most popular nesting sites for leatherback turtles, Supreme Court asks petitioner to approach High Court

Supreme Court on Friday asked the petitioner to approach the High Court in a Public Interest Litigation challenging the notification of the Andaman and Nicobar Administration de-notifying the Galathea Bay Wildlife Sanctuary in the Great Nicobar Islands which is among the most important nesting sites for leatherback turtles in the entire world.

A bench of Justice S Abdul Nazeer and Justice Krishna Murari dismissed the PIL while allowing the petitioner to approach the High Court stating that "High Courts have been giving reliefs for a long time now, why don't go there."

The petition has been filed by Manish Chandani through Advocate Srishti Agnihotri stating that de-notification will have a detrimental impact on the ecology of the Galathea Bay Wildlife Sanctuary, which has been a nesting area of this endangered migratory species over thousands of years.

The plea had stated that "Leatherback turtles (Dermochelys coriacea) are the largest species of turtle and are protected under the Schedule I of the Wildlife (Protection) Act, 1972. These turtles migrate and travel over 10,000 kilometers to nest on Great Nicobar Island, and are also protected under the Convention on Migratory Species (CMS) which mandates that countries take action to protect migratory species. India is also the current President of the CMS and has an international duty to uphold the Convention."

However, it submitted that the notification issued by the Commissioner-cum-Secretary (E&F), Andaman and Nicobar Administration de-notifying the Galathea Bay Wildlife Sanctuary is in violation of Article 14, 21 and 48A of the Constitution as well as ultra vires the Wildlife (Protection) Act, 1972 and the Island Protection Zone Notification, 2019, enacted under the Environment (Protection) Act, 1986.

In addition to this, the de-notification is also in violation of the Supreme Court Judgment in the case of Centre for Environment Law v. Union of India and Ors. wherein the apex court prohibited the de-notification/ de-reservation of any Sanctuary and National Park.

Case Title: Manish Chandani & Ors. Vs. Union of India & Ors.