National Green Tribunal
Shri Sudhan Das vs Union Of India on 1 February, 2023
Item No.05 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.70/2022/EZ
In the matter of:
Shri Sudhan Das
Son of late Sushen Das,
Resident of Village - Kopahtoli,
Post Office - Saikhowa,
Police Station - Dhola,
District - Tinsukia,
Assam,
Pin - 786154
....Applicant(s)
Versus
1. The Union of India,
Ministry of Environment, Forest and Climate Change,
Represented by the Secretary,
Ministry of Environment, Forest and Climate Change,
Indira Paryavaran Bhawan,
Jor Bagh Road,
New Delhi - 110003
2. The State of Assam
Represented by the Commissioner and Secretary to the
Government of Assam,
Transport Department, Assam, Dispur, Guwahati,
District - Kamrup (M),
Assam,
Pin - 781006,
3. The Directorate of Inland Water Transport (IWT),
Represented by the Director,
Directorate of Inland Water Transport (IWT),
GS Road, South Sarania, Manipuri Rajbari,
Ulubari, Guwahati, Assam,
Pin Code - 781007
4. The Monitoring Committee,
Created by the Notification dated 28.01.2020
Issued by the Ministry of Environment, Forest and Climate Change,
Represented by its Additional Secretary, Divisional Forest Officer,
Tinsukia Wildlife Division,
Tinsukia, Assam,
Pin Code - 786125
5. The Divisional Forest Officer,
Tinsukia Wildlife Division,
1
Tinsukia, Assam,
Pin Code - 786125,
Odisha
6. Assam State Pollution Control Board,
Through its Member Secretary,
Bamunimaidan,
Guwahati, Assam,
Pin Code - 781021
....Respondent(s)
Date of hearing: 01.02.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. Sibojyoti Chakraborty, Advocate (in Virtual Mode)
For Respondent(s) : Ms. Malabika Roy Dey, Advocate for R-2 to 5 (in Virtual Mode),
Mr. Shayamvar Dev, Advocate for R-6 (in Virtual Mode),
ORDER
1. Mr. Sibojyoti Chakraborty, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.
2. Affidavit dated 20.12.2022 has been filed on behalf of the Respondent No.2, State of Assam; the same is taken on record.
3. The allegation in this Original Application is that the Eco-Sensitive Zone for the Dibru Saikhowa National Park has been notified vide Notification dated 28.01.2020 and thereafter a Monitoring Committee was also constituted sometime in 2021 but during the interregnum period the Original Application No.13/2018/EZ, Sudhan Das vs. State of Assam & Ors. had been filed in which orders were passed and a Committee was constituted to examine and investigate the discharge of sewerage and other waste released by boats and houseboats plying under River Brahmaputra, River Dibru and River Dangori in the Tinsukia District of Assam. The Report of the Committee has also been filed as Annexure-C, (page No.49 of the paper book).
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4. The submission of the learned Counsel for the Applicant is that after the constitution of the Monitoring Committee under the Eco- Sensitive Zone Notification, 2020 there has not been a proper monitoring of the boats and houseboats plying in the rivers, in so far as Jibondinga 2 Scheme (an Incentivization Scheme for improvement of Inland Water Country Boat Services in Assam) is concerned.
5. The grievance of the Applicant is that environmental pollution is being caused by discharge of waste sewerage etc. by the villagers of Laika and Dadhia Villages inside the Core Zone of the National Park by way of plying of mechanized boats unauthorizedly without obtaining any clearance from the Monitoring Committee thereby causing environmental hazard to flora and fauna of the Dibru- Saikhowa National Park.
6. The constitution of the Monitoring Committee is mentioned in paragraph-5 of the Notification dated 28.01.2020, Annexure-B to the Original Application.
7. The Tribunal at the time of admission directed the Respondent No.2 to file its affidavit stating clearly as to how many boats, including houseboats, are operating on the three rivers viz. River Brahmaputra, River Dibru and River Dangori; whether the Monitoring Committee has approved plying of these boats in the rivers in close proximity to the Dibru-Saikhowa National Park; and what is the status of the compliance of the environmental norms of each of these boats.
8. Counter affidavit dated 14.11.2022 has been filed by the Assam State Pollution Control Board. It is stated therein that the Board is not aware of the Jibondinga Scheme stated to have been floated by 3 the Government of Assam. However, the Board is aware that house boats and other mechanized boats, with in-built bio-toilets, are being used for tourist activities in Guijan area of Assam on the Dibru river. Mechanized commercial boats are also being used for the purpose of ferrying people to the other side of Guijan as there are a number of villages located in and around the Dibru-Saikhowa National Park, situated in the area around the said river.
9. It is also stated in the affidavit that a final Notification dated 28.01.2020 was published by the Ministry of Environment, Forests and Climate Change (MoEF&CC) declaring the Dibru-Saikhowa National Park as an Eco-Sensitive Zone (ESZ).
10. By this Notification dated 28.01.2020, a Monitoring Committee was also constituted for effectively monitoring of the provisions of the Notification dated 28.01.2020. This Monitoring Committee has been constituted under the provisions of Sub-Section (3) of Section 3 of the Environment (Protection) Act, 1986.
11. The members of the Monitoring Committee are as follows :-
(i) "Commissioner, Upper Assam Zone, Jorhat Chairman, ex officio
(ii) Deputy Commissioner, Tinsukia and Dibrugarh Member;
(iii) Representative of the Director, Assam Tourism Member;
Department
(iv) Divisional Forest Officer, Digboi, Dibrugarh Member;
&Doomdooma Divisions
(v) Project Director District Rural Development Agency, Member;
Tinsukia And Dibrugarh Districts
(vi) District Fishery Officer, Tinsukia and Dibrugarh Member;
Districts
(vii) Divisional Officer, Soil Conservation Division, Tinsukia Member;
And Dibrugarh Districts
(viii) General Manager, District Industries Centre, Tinsukia Member;
And Dibrugarh Districts
(ix) District Agriculture Officer, Tinsukia And Dibrugarh Member;
Districts
(x) District Animal Husbandry & Veterinary Officer, Member;4
Tinsukia And Dibrugarh Districts
(xi) Executive Engineer, Public Works Department (Road Member;
Division), Tinsukia And Dibrugarh Districts
(xii) Executive Engineer, Public Works Department (Building Member;
Division), Tinsukia And Dibrugarh Districts
(xiii) Representative of non-governmental organization Member;
working in the file dof Nature conservation (including heritage conservation) to be nominated by Government of Assam
(xiv) Senior Environment Engineer (Regional Office), Member;
Pollution Control Board, Tinsukia and Dibrugarh Districts
(xv) One expert in Ecology from reputed Member;
institution/University Of Assam to be nominated by the Government of Assam (xvi) Divisional Forest Officer, Tinsukia Wildlife Division Member-Secretary"
12. In the affidavit of the Board it is also stated that as per Clause (3) of the Eco Sensitive Zone Notification of the Ministry of Environment, Forests and Climate Change (MoEF&CC), for purposes of carrying out Eco Tourism Activities in the area in question, consultation between the Tourism Department and Department of Environment and Forest of the Government of Assam is necessary. Until Zonal Master Plan (ZMP) is approved, development of tourism and expansion of existing tourism activities shall be permitted by the concerned regulatory authorities subject to recommendation from the Monitoring Committee.
13. Affidavit dated 20.12.2022 has been filed by the Government of Assam, Environment and Forest Department and it is stated that the Jibondinga Scheme is an incentivization scheme for improvement of Inland Water Country Boat, under the authority of the Inland Water Transport Department, Assam and does not in any manner cause environmental pollution.
14. It is stated that on the contrary, without disturbing the ecological balance, protecting the surrounding environment, a mode of 5 communication to inaccessible areas is incentivized where no other mode of communication is possible particularly in the Dibru- Saikhowa National Park.
15. It is stated that the Jibondinga Scheme takes care of every aspect under the Notification dated 28.01.2020. A table has been filed showing the footfall of villagers in the Dibru-Saikhowa National Park in the last five years and it is stated that actually the number of visitors to the said National Park is decreasing. The table reads as under :-
"Financial Year Footfall of Visitors
2018-19 1812
2019-20 939
2020-21 461
2021-22 780
2022-23 (till Sept.) 115"
It is however, stated that the Tourism Master Plan which is a component of the Zonal Master Plan of the Eco Sensitive Zone of the Dibru-Saikhowa National Park, is going to be prepared soon and shall take care of carrying capacity and regulation against all kinds of possible environmental pollution.
16. The affidavit further states that two forest villages namely, Dadhia and Laika have been in existence inside the National Park since 1950-51 i.e. prior to the declaration of the Dibru-Saikhowa National Park as a National Park in the year 1999. The Dibru- Saikhowa National Park is a flood plain landscape surrounded by major rivers of Siang and Dibang flowing in the north and rivers Lohit and PA and other tributaries flowing in the south. 6
17. The villagers have been using small mechanized boats (known as Bhutbhuti) for their movement for visiting Dibrugarh/Tinsukia on the mainland and for marketing, medical, education and other purposes. It is stated that boats are the only means of conveyance for the forest villagers. The total population of the two villages is 6865 as per the 2019 census. The forest villagers have been residing in the Protected Areas as permitted under the provisions of the Wild Life Protection Act, 1972.
18. It is further stated that there are around 45 such country boats being used by the forest villagers of village Dadhia and 14 such boats being used by the forest villagers of village Laika as per permission granted to them under the Wild Life Protection Act, 1972. It is stated that these small and medium sized Bhutbhuti country boats are not used for Eco-tourism purposes.
19. It is further stated that both the villages namely village Dadhia and village Laika are situated in flood affected areas inside the Dibru- Saikhowa National Park and get submerged by high floods each year and considering the risk faced by the villagers due to such conditions, the Government of Assam has undertaken necessary steps to shift and rehabilitate the residents of the villages Dadhia and Laika forest village permanently to some other suitable areas. It is denied that there is any pollution being caused in the Dibru- Saikhowa National Park due to the operation of boats by the villagers.
20. It is also stated that the two objectives of the management of Dibru-
Saikhowa National Park (as per Management Plan 2019-20 to 2023-24) are as follows :-
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a) To work in tandem with all stakeholders for successful rehabilitation of Dadhia and Laika Forest Villages outside the core areas.
b) To promote Eco-tourism in a regulated manner so as to augment the livelihood of the local populace.
Eco-tourism has been in practice in the said National Park and its fringe areas since long prior to the Ministry of Environment, Forests and Climate Change (MoEF&CC) Notification dated 28.01.2020.
21. It is also stated that the Dibru-Saikhowa Park in Assam, was notified as a Biosphere Reserve vide Government of India, Ministry of Environment, Forests and Climate Change (MoEF&CC) Notification dated 28.07.1997. The total area of the Biosphere Reserve is 765 sq.km. Out of this, an area of 340 sq.km forms the Dibrugarh-Saikhowa Wild Life Sanctuary (now National Park) and 425 sq.km area around it will comprise the core and buffer area of the Biosphere Reserve. It is also stated that the buffer area of the Biosphere Reserve is included in the Eco Sensitive Zone of the PA and Eco-tourism activities in the buffer zone shall be conducted as per the guidelines laid down in the Notification dated 28.01.2020 of the Eco Sensitive Zone (ESZ).
22. We have gone through the two affidavits i.e. filed by the Assam Pollution Control Board and the Government of Assam and we find that under the Ministry of Environment, Forests and Climate Change (MoEF&CC) dated 28.01.2020, a Monitoring Committee comprising 16 members has been constituted as per the provisions of Clause (3) of Section 3 of the Environment (Protection) Act, 1986.
23. As of today, what emerges from the affidavits is that, there is no pollution being caused due to the plying of boats by the villagers 8 living in the two villages of Dadhia and Laika, situate within the Dibru-Saikhowa National Park, for communicating with the world outside the Park.
24. We also find that for purposes of Eco-tourism, only such boats will be permitted as have in-built bio-toilets in them and are duly registered with the Water Transport Department, Government of Assam.
25. A Tourism Master Plan is scheduled to be prepared as a component of the Zonal Master Plan of the Eco Sensitive Zone of the Dibru- Saikhowa National Park which will take care of whatever environmental pollution is anticipated to take place due to plying of boats under the Jibondinga Scheme in the rivers flowing near the Dibru-Saikhowa National Park.
26. The Government also has a plan for rehabilitation of the villagers residing in the two forest villages of Dadhia and Laika at present situate within the Dibru-Saikhowa National Park.
27. In our opinion, all the activities relating to tourism as well as maintaining the ecological balance of the said National Park as well as taking all necessary steps for prevention and control of environmental pollution is to be monitored by the Monitoring Committee, constituted under the Ministry of Environment, Forests and Climate Change (MoEF&CC) Notification dated 28.01.2020.
28. In view of the above, in our opinion, nothing further remains for adjudication in the present Original Application since the Monitoring Committee itself will examine each and every issue under the Notification dated 28.01.2020 and take remedial action whenever and wherever required.
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29. The Original Application No.70/2022/EZ is accordingly disposed of.
30. Interlocutory Applications, if any, stand disposed of accordingly.
31. There shall be no order as to costs.
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B. Amit Sthalekar, JM ...................................
Dr. Afroz Ahmad, EM February 01, 2023 Original Application No.70/2022/EZ SKB 10