National Green Tribunal
Pradip Kumar Bhuyan & Ors vs Union Of India on 16 May, 2019
Bench: Adarsh Kumar Goel, K. Ramakrishnan
Item No.07 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 246/2018
Pradip Kumar Bhuyan& Ors. Applicant(s)
Versus
Union of India &Ors. Respondent(s)
Date of hearing: 16.05.2019
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant(s): Mr. Sanjay Upadhyay along with Ms. Trisha
Krishnan, Advocate
For Respondent(s):
ORDER
1. Grievance in this application is that adequate steps are not being taken for conservation of free passage for the elephants in the State of Assam in accordance with the orders of this Tribunal dated 08.12.2017 in Original Application No. 19 of 2014, Dr. Kashmira Kakati v. Union of India & Ors., requiring notification of 'Elephant Reserves' under the Environment (Protection) Act, 1986. According to the applicant, railway tracks, national and state highways and transmission lines should be declared as elephant protection zones in the nature of ecological sensitive areas. Elephant deaths are 1 taking place due to train accidents, electrocution and other human interventions which result in degradation of forest habitats. The Central Government launched the 'Project Elephant' in 1992 but the elephant reserves have not been brought under a protected area regime. The areas have been identified as elephant reserves, still such areas have not been notified as such. There are nine elephant ranges overlapping with the railway tracks but in absence of safeguards, several tragic deaths of elephants have taken place. Apart from railway accidents, deaths are also taking place on account of electrocution.
2. Vide order dated 03.07.2018, the Tribunal noted that in view of the order passed in Original Application No. 19/2014, Dr. Kashmira Kakati v. Union of India & Ors., recording the statement on behalf of State of Assam that proper action will be taken in the matter no separate order was required. Vide order dated 14.11.2018, Ministry of Environment, Forest and Climate Change (MoEF&CC) was directed to look into the matter and find a solution. An affidavit was required to be filed by the ADG, Wildlife, MoEF&CC.
3. Accordingly, an affidavit dated 14.12.2018 has been filed by the ADG, MoEF&CC. It is stated that in pursuance of the order of the Hon'ble Supreme Court dated 04.08.2017 in Writ Petition (C) No. 275 of 2015, Vidya Athreya & Anr v. Union of India & Ors, the Ministry has requested the States to notify the corridors. A meeting with the Project Elephant States was held on 29.05.2018 and it was decided 2 that suggestions given in Gajah Report be implemented by the State Governments. The Ministry issued letter dated 13.06.2018 to all the States. Again, in the light of the order of the Hon'ble Supreme Court dated 22.10.2018 in W.P (C) No. 489 of 2018, Prerna Singh Bindra & Ors v. Union of India & Ors., a Central Monitoring Committee has been constituted. Financial and technical support is being provided to elephant bearing States under the Project Elephant Scheme.
4. An affidavit has also been filed on behalf of the State of Assam on 12.07.2018 indicating that five elephant reserves have been notified in the State of Assam and nine elephant corridors have also been identified. Ameliorating measures have been taken to improve the habitat of the elephants including constitution of Coordination Committee regulating the speed of the railways, awareness programs, joint patrolling, signage, construction of over/under passes for safe passage of elephants. Steps have also been taken to safeguard the electrocution deaths.
5. In view of the fact that the Central Monitoring Committee has been constituted by the MoEF&CC which coordinates with the concerned elephant bearing States on issues relating to safety of elephants in elephant protection zones, any further surviving issue may be raised before the Committee and the Committee may look into the same in accordance with law.
3 The application stands disposed of.
Adarsh Kumar Goel, CP S.P. Wangdi, JM K. Ramakrishnan, JM Dr. Nagin Nanda, EM May 16, 2019 I.A. No. 280/2019 IN Original Application No.246/2018 AK 4