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Before the Chairperson of Lokpal Hon’ble Pinaki Chandra Ghose

Complainant Naresh Kadyan son of Ch. Om Parkash Kadyan, C-38, Rose Apartment, Prashant
Vihar, sector-14, Rohini, Delhi – 110085, who is 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. Director General, Directorate General of Defense Estates, New Delhi.
3. Animal Welfare Board of India, NIAW Campus, Ballabhgarh.
4. Wildlife Crime Control Bureau, New Delhi.
5. Rastriya Kaamdhenu Ayog, New Delhi.
………………Respondents.

INDEX
1. Decentralization of power to lodge complaint as per section 39 of BD Act, 2002 7-8
2. Consideration for nomination as Chairman – Member of NBA 9
3. NBA refusal to support – demoralize the protection of cow 10
4. NBA never coordinate with 62 Cantonments for BMC’s formation: RTI reply 11-12
5. NBA have No coordination with other Departments to protect biological resource 13
6. MOEAF – 00739, 00653, 00663 & 00572 to NBA for response 14-15
7. 2 orders on Appeal under RTI Act, 2005 16-17
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8. O.A. No. 347 of 2016, NBA communicated for 7 Union Territories 18

9. Department of Forest & Wildlife, Delhi combination with NBA 19-21
10. MOEAF 00487, 00524 to NBA for response 22
11. Application No. NBDAT 50006 & 50007 under RTI replied by NBA 23-26
12. Appeal decided by NBA quoting section 45 & 47 of the BD Act 27
13. DOAAC 00400 replied by NBA about 5 freedom – Biological resources 28
14. Additional Secretary to MoEF letter dated 11-9-2018 29-31
15. Ministry of Panchayati Raj to all State about BMC’s 31-34
16. APEDA have No role in flora & fauna 35
17. MoEF to AWBI for live animal export, two communications about cruelty 36-38
18. Directions under section 48 of BD Act, 2002 to NBA continuation letter 10-9-2018 39
19. AWBI mishandled its role, confirming reply under RTI Act, 2005 40-42
20. Eastern Command to 4 Cantonment Boards 43
21. Western Command to Cantonment Boards 44
22. Northern Command: Badamibagh – Srinagar replied 45-46
23. DGDE to Central – Eastern – Northern – Southern – Western Command 47-48
24. Ahmadabad Cantonment reply 49-50
25. Barrackpore Cantonment reply 51-52
26. Danapur Cantonment Board reply 53
27. Faizabad Cantonment reply 54
28. Jabalpur Cantonment reply 55-58
29. Kamptee Cantonment reply 59
30. Central Command forwarded to Cantonment Boards 60
31. Meerut Cantonment reply 61
32. Ramgarh Cantonment reply 62-63
33. Ranikhet Cantonment reply 64
34. Roorkee Cantonment reply 65
35. Shillong Cantonment reply 66
36. Varansi Cantonment reply 67
37. Bill No. 5 of Haryana Vidhan Sabha opposed: NBA to Biodiversity Board 68
38. National Bee Board reply under RTI: 5 freedoms of honey bee 69-72
39. AWBI asked compliance of Biological Diversity Act, while live animals export 73-75
40. Maharashtra Biodiversity Board asked report on live animals export 76

July 20, 2019 Naresh Kadyan

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Before the Chairperson of Lokpal Hon’ble Pinaki Chandra Ghose

Complainant Naresh Kadyan son of Ch. Om Parkash Kadyan, C-38, Rose Apartment, Prashant
Vihar, sector-14, Rohini, Delhi – 110085, who is 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. Director General, Directorate General of Defense Estates, New Delhi.
3. Animal Welfare Board of India, NIAW Campus, Ballabhgarh.
4. Wildlife Crime Control Bureau, New Delhi.
5. Rastriya Kaamdhenu Ayog, New Delhi.
………………Respondents.
Respectfully showeth:
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). 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
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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-
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.
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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.
PRAYER:
1. 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
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.
2. The National Biodiversity Authority failed to delegate its powers according section 22 (2)
along with formation of BMC’s all around 62 Cantonments with 7 Union Territories as
well, necessary directions may be given to the Respondents.
3. Only selected class of public servants authorized to lodge complaint, needs to be
decentralize, whereas authorized officials failed to perform as per law.
4. 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.
5. PBR’s be prepared – maintained, restoration 5 freedoms of animals.
6. 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.
7. 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.
VERIFICATION:
I Naresh Kadyan son of Ch. Om Parkash Kadyan, resident of C-38, Rose Apartment, Prashant
Vihar, sector-14, Rohini, Delhi – 110085, hereby verify that all facts stated by me in the complaint
are true to my personal knowledge and or the facts stated by me are based on information received
and or documents, and the same are believed by me to be true, nothing has been concealed.
July 20, 2019 Naresh Kadyan
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