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Petition Before National Green Tribunal For BMC's - PBR's in 62 Cantonments of India
Petition Before National Green Tribunal For BMC's - PBR's in 62 Cantonments of India
Petition Before National Green Tribunal For BMC's - PBR's in 62 Cantonments of India
Ref. 2382 of 2019: Hon’ble Principal Bench of the National Green Tribunal
BMC’s with PBR’s in all 9 Union Territories with 62 Cantonments in India
. Mrs. Sukanya Berwal, Commissioner of Education, Scouts & Guides for Animals & Birds
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Hon’ble Lokpal of India refused to pass any orders to National Biodiversity Authority
1 Map of 28 State Biodiversity Board’s – 9 Union Territories
2 Complaint
3 National Green Tribunal order dated 9-8-2019 for compliance
4 Decentralization of power to lodge complaint as per section 39 of BD Act, 2002
5 Consideration for nomination as Chairman – Member of NBA
6 NBA refusal to support – demoralize the protection of cow
7 NBA never coordinate with 62 Cantonments for BMC’s formation: RTI reply with
Appeal
8 NBA have No coordination with other Departments to protect biological resource
9 MOEAF – 00739: NBA replied, 00653, 00663 & 00572 - NBA replied
10 2 orders on Appeal under RTI Act, 2005
11 O.A. No. 347 of 2016, NBA communicated for 7 Union Territories
12 Department of Forest & Wildlife, Delhi combination with NBA
13 MOEAF 00487, 00524 to NBA for response
14 Application No. NBDAT 50006 & 50007 under RTI replied by NBA
15 Appeal decided by NBA quoting section 45 & 47 of the BD Act
16 DOAAC 00400 replied by NBA about 5 freedom – Biological resources
17 Additional Secretary to MoEF letter dated 11-9-2018
18 Ministry of Panchayati Raj to all State’s about BMC’s – PBR’s
19 APEDA have No role in flora & fauna
20 NDMC have No BMC – PBR’s
21 MoEF to AWBI for live animal export, two communications about cruelty
22 Directions under section 48 of BD Act, 2002 to NBA continuation letter 10-9-2018
23 AWBI mishandled its role, confirming reply under RTI Act, 2005
24 Eastern Command to 4 Cantonment Boards
25 Western Command to Cantonment Boards
26 Northern Command: Badamibagh – Srinagar replied
27 DGDE to Central – Eastern – Northern – Southern – Western Command
28 Ahmadabad Cantonment reply
29 Barrackpore Cantonment reply
30 Danapur Cantonment Board reply
31 Faizabad Cantonment reply
32 Jabalpur Cantonment reply
33 Kamptee Cantonment reply
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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 through its Secretary
2. Directorate General of Defense Estates, New Delhi.
………………Respondents.
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During celebrations of 150 Birth Anniversary of Mahatma Gandhi, Respectfully showeth:
Being Member of IUCN Commission on Education & Communication - Jat by birth, cobbler by
profession, activist by mission, fighter by spirit and humanitarian by choice - It is humbly
submitted that:
1. The National Biodiversity Authority (NBA) was established in 2003 by the Central
Government to implement India’s Biological Diversity Act (2002), based at Chennai instead
National Capital of India. 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
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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 28 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 rich species as per Biological Diversity Act, 2002 - 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-
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.
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With respect to People Biodiversity Registers, 6,834 have been documented so far and another
1,814 are in progress, it noted. The tribunal on August 8 last year had directed a monitoring
committee comprising officials from the Ministry of Environment and Forests and National
Biodiversity Authority to furnish a report.
Abhishek Kadyan with Mrs. Suman Kadyan along with Mrs. Sukanya Berwal keeping their eyes
on the introduction with proper functioning of the Biodiversity Management Committees with
Peoples Biodiversity Registers all around India.
It would also be pertinent to mention here that Minister endorsed the petition of Naresh Kadyan
for delegation of powers & authorities under Biological Diversity Act, 2002.
Grievance Status for registration number: MOEAF/E/2019/00663
Grievance Description:
In exercise of the powers conferred by section 38 of the Biological Diversity Act, 2002 (18 of
2003), the Central Government, in consultation with all 29 State Governments or 7 Union
Territories, notify the species of plants and animals which are on the verge of extinction and
prohibit or regulate the collection thereof subject to the conditions be specified, Mrs. Sukanya
Kadyan, Commissioner of Education, Mrs. Suman Kadyan, Universal Commissioner for IT &
Retails with Abhishek Kadyan, Universal Commissioner for Human Resources, based in Canada,
endorsed me to be whistle blower for all 7 UTs along with rest 29 States to comes forward to
compel them to Notify the species of plants and animals which are on the verge of extinction,
prohibiting or regulating their collection besides it all these should be included in the list of
Emblems under cover all concerned legislation as the Emblems and Names (Prevention of
Improper Use) Act, 1950 with Trade Marks Act, 1940.
Grievance Status for registration number: MOEAF/E/2019/00572
Grievance Description:
THAR BIOTEK PRIVATE LIMITED (THBP), www.naturaltherapyindia.com/tharbiotek a sister
concern of GLOBAL BIOTECH, Jodhpur (INDIA) is a multidisciplinary research organization
engaged in Genetic Resources and its Conservation, Breeding, Tissue Culture, Phytochemistry,
Plant Protection, Process & Product Development and Technology Transfer, based at Global
farms,Manger,Gurgaon-Faridabad Road, Faridabad . THBP is an ISO 9001:2008 certified
company with GMP accredition, which conforms to quality products under the brand developed
from the herbs grown/ raw material generated by GLOBAL BIOTECH in the rich lands of
Aravali and the North Eastern India. THBP uses the tools of modern science to create
pharmaceutical-grade natural products. A well-researched effort and in-depth study is behind the
conversion of Ayurvedas traditional herbal knowledge into a complete range of formulations of
THBP for healthy living and longevity. Today, THBP products have been accepted far and wide
and are serving the health and personal care need of consumers all over.
Products are being made using biological resources without any approval, sharing profit,
violating Biological Diversity Act, 2002 along with Rules, 2004 along with guidelines, since
long.
Herbal Capsules, Ayurvedic Capsule, Aloe Vera Soap, Eye Care Products, Herbal Juice, Fruit
Juice, Aloe Vera Juice, Herbal Hair Oil, Foot Care Products, Health Drink and so on.
Hence immediate FIR may kindly be lodged for the violation of many legislation including
spoiling Environment, Commercial activity on the forest and Hills, whereas DFO along with
District Ayurveda Officer also alerted for action along with the National Biodiversity Authority
and Chairman of the Haryana Biodiversity Board - Chief Wildlife warden of Haryana - Principal
Chief Conservator of Forest also alerted with Deputy Commissioner - Commissioner of Police.
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