National Green Tribunal
People For Cattle In India(Pfci) Rep.By ... vs Additional Principal Chief ... on 19 March, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.02:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 157 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
People for Cattle in India (PFCI)
...Applicant(s)
Versus
Additional Chief Conservator of Forest,
Coimbatore and Others. ...Respondent(s)
Date of hearing: 19.03.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Ms. R. Srinithi represented
Mr. Kaushik N. Sharma
For Respondent(s): Sri. Dr. V.R. Thirunarayanan for R1 to R3, R6 & R7
ORDER
1. The above case has been posted to today for filing response and also action taken report regarding the man- animal conflict that is going on in the borders of Kerala and Tamil Nadu and also what is the action plan that is contemplated for minimising such incident under the 1 "Project Elephant Scheme" and directed the State respondents to file the report of the special committee that is said to have been constituted by the Principal Chief Conservator of Forests (PCCF) and Chief Wildlife Warden (CWLW), Tamil Nadu in respect of the incidents, as has been submitted by the learned Special Government Pleader for Forest, who appeared at that time.
2. The case was originally posted for filing the report of the committee said to have been constituted by the Forest Department to resolve the issue to 20.11.2020. Thereafter, the matter was adjourned from time to time by successive notifications. It was taken up on 22.02.2021 and on that day, the matter was adjourned to today at the request of the counsel appearing for the State respondents.
3. When the matter came up for hearing today through Video Conference, Ms. R. Srinithi represented Mr. Koushik N. Sharma counsel for the applicant. Dr. V.R. Thirunarayanan represented respondents 1 to 3, 6 and 7.
4. Though notice was served on respondents 4 and 5, none appeared for them. So service is complete.
5. We have received the reply submitted by the 7th respondent. That is not reflecting what was intended by us as per the order dated 24.08.2020. They have only mentioned about the action that has been taken in respect of the particular incident and the constitution of Rapid Response Team (RRT) which is normally looking in to these issues in 2 the respective area/division. We wanted to get a holistic action plan for the entire State.
6. It is also mentioned in the reply that a special committee consisting of elephant experts, veterinarians, NGO's under chairmanship of one Additional Principal Chief Conservator of Forests (Wildlife) with District Forest Officer (DFO) as Convenor was formed by the Principal Chief Conservator of Forests and Chief Wildlife Warden in his proceedings WL4/15008/2020 dated 02.07.2020 for carrying the following task.
i) The scientific investigation of cause of death of elephants.
ii) To study the individual incidents with reference to location and evaluate and circumstances of the death that has occurred.
iii) The evaluation of deaths with reference to habitation, diseases other natural caused and any other reasons other than natural causes etc.,
7. But, it is seen from the order dated 24.08.2020 that as per proceedings dated 07.07.2020 and 02.08.2020 certain proceedings have been initiated by the Principal Chief Conservator of Forests (Wildlife) and Chief Life Warden and the learned counsel had undertaken to produce that report pertaining to the entire State and that was the reason why this Tribunal had not constituted any independent committee to submit report in respect of the same. That report had not been produced so far.
8. The statement submitted by the 7th respondent is general in nature in 3 respect of the that particular area, but that will not reflect the common action plan which has been evolved by the Principal Chief Conservator of Forests (Wildlife) and Chief Life Warden to resolve man-animal conflict in a permanent way in the State and the nature of guidelines given for meeting the situation by the respective enforcing agencies.
9. When this was pointed out, the learned counsel appearing for the State department submitted that they may able to file a fresh report as directed by this Tribunal if some more time is granted.
10. Further, we feel it appropriate to serve the copy of this order to the Principal Chief Conservator of Forests (Wildlife) and Chief Life Warden, Tamil Nadu, so as to enable him to file the action plan that is being evolved by the Forest Department under the "Project Elephant"
in respect of Tamil Nadu to meet such situation and avoid man- elephant conflict in the hotspots and if there is any deficiency in the action plan and any improvement is required from the side of the Government in implementing the action plan, that will also have to be reflected in the report, so that this Tribunal can consider the same and pass appropriate directions to be carried out by the Government to implement the same in an effective manner.
11. The respondents are directed to file the report to this Tribunal on or before 20.04.2021, by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
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12. The Registry is directed to communicate this order to the official respondents especially Principal Chief Conservator of Forests (PCCF) and Chief Wildlife Warden (CWLW) immediately through e-mail, so as to enable them to comply with the direction.
13. For consideration of further report, post on 20.04.2021.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.157/2020 19.03.2021, Sr. 5