National Green Tribunal
Wildlife Society Of Odisha vs State Of Odisha on 25 February, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No. 57/2021/EZ
IN THE MATTER OF:
Wildlife Society of Orissa,
Through Secretary,
At-Shantikunj, Link Road, Cuttack,
District-Cuttack - 753012,
....Applicant(s)
Versus
1. State of Odisha,
Through Additional Chief Secretary,
Forest and Environment Department,
Govt. of Odisha,
Kharbel Bhawan, Bhubaneswar,
Pin - 751001,
2. The Principal Chief Conservator of Forests & Head of
Forest Force,
Aryan Bhavan, Chandrasekharpur,
Bhubaneswar - 751023,
3. The Principal Chief Conservator of Forests-cum-Chief
Wildlife Warden, Odisha,
Prakruti Bhawan, Plot No.1459,
Sahid Nagar, Bhubaneswar,
Pin - 751007,
4. The Director, Project Elephant,
Ministry of Environment, Forest and Climate Change,
Govt. of India,
Indira Paryavaran Bhavan,
Jorbagh Road, New Delhi,
Pin - 110003, ....Respondent(s)
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COUNSEL FOR APPLICANT:
Mr. Sankar Prasad Pani, Advocate
COUNSEL FOR RESPONDENTS :
Mr. Tarun Pattnaik, ASC for R-1, 2 & 3,
Mr. Soumitra Mukherjee, Advocate for R-4,
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On:- 3rd February, 2022 Pronounce On:- 25th February, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes __________________________________________________________________ JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) We have heard the learned Counsel for the parties and perused the documents on record.
1. This Original Application has been filed by the Applicant alleging that barbed wire fencing has been erected in the various forest areas of the Reserve Forests, namely, Dhama Range of Sambalpur, Anantarpur Reserve Forest, Kandhara Reserve Forest etc. which is hindering free movement of elephants resulting in death of some animals due to accident. The Applicant prays that the existing barbed wire fences be dismantled and removed completely to facilitate the free movement of elephants. In support of the averments made in the Original Application, certain 2 photographs have been filed (from pages 19 to 21 of the paper book), showing barbed wire fencing in Pakatamunda Plantation at Mahabirod Range, Dhenkanal Division. It is also alleged that barbed wire fencing has also been done in Dhama Range of Sambalpur Forest Division and Anantarpur Reserve Forest of Mahabirod Range and Kandhara Reserve Forest of Hindol Range of Dhenkanal Forest Division. It is also alleged that the Forest Department had planned to enclose the forests by an almost 2 kilometers long barbed wire fence in the Kandhara Reserve Forest in order to protect their plantations.
2. On notices being issued, a counter-affidavit dated 30.11.2021 has been filed on behalf of the Respondent No.4, Ministry of Environment, Forest and Climate Change, stating that an Elephant Task Force called 'Gajah' for securing the future for elephants in India, has prepared a report in 2010 which provides for location of barriers such as fencing which shall be done depending on the intensity of threat or extent of damage as recorded empirically and not based on administrative convenience or subjective judgment.
It is also stated that the State Forest Department has installed wire fences on the boundaries of forest areas to prevent elephants from entering into human habitations and raiding the crop fields to further avoid human-elephant conflict.
3. A counter-affidavit dated 08.12.2021 has been filed on behalf of the Respondent No.2, State Respondent, Govt. of Odisha, wherein it is stated that the barbed wire fences have been erected around 3 plantations raised inside the forest area to protect such plantations from biotic interferences which is extremely important to ensure full growth of the plantations. It is also stated that plantations for artificial regeneration of forest patches are generally carried out over degraded patches and in maximum cases along the outer periphery of the Reserve Forests and the adjoining revenue forest lands. It is also stated that in Dhama Forest Range of Sambalpur Forest Division, the fencing was erected by using temporary wooden poles which was subsequently dismantled completely and at present there is no barbed wire fence existing in the said area nor any casualty or injury has been reported to any wild animal due to such barbed wire fencing. It is also stated that barbed wire fencing was erected in Anantapur Reserve Forest, Gurujanga Reserve Forest and Kandhara Reserve Forest in Dhenkanal Division in 2017-18 and such barbed wire fencing in the said forests area have already been removed after maintenance period on the establishment of the plantations.
The State Respondents have also referred to the letter of Principal Chief Conservator of Forest (Wildlife) and Chief Wildlife Warden, Odisha, dated 23.09.2021 filed as Annexure-B/2 (page no. 127 of the paper book), which also enjoins upon all the Divisional Forest Officers (T) & (WL), that the practice of erection of barbed wire fencing around plantations inside forest should be done away with. Instead, vegetative fencing wherever required, can be erected. It is also provided that outside the forest area, including boundary of the forest, all types of fencing and other plant protection 4 measures according to site requirement which is being currently adopted, can be continued.
The main stress of the Forest Department in its response is that completely dismantling of barbed wire fencing around the plantation area, especially during initial stages of plantations, cannot be contemplated. Plantations near the forest area or at peripheral area are carried out to supplement natural regeneration of such barren patches of land which do not support natural regeneration due to several reasons including grazing. Plantation inside the forests also aim at enrichment of the habitat for wildlife and for that purpose the Forest Department has formulated a policy of planting indigenous species in forest areas. It is emphasized that for plantations inside the forest areas, a conscious decision has been taken that vegetative fencing will be undertaken to protect such plantations.
The case of the State Respondents is that during initial stage of plantation, the plantations need to be protected against biotic interferences including damage caused by both domestic and wild animals for a long term objective of improving the whole ecosystem. Fencing around the plantations ensures initial growth of the planted stock and its root establishment. Though it is also emphasized that fencing is only a temporary measure and adopted by the Forest Department in order to enhance forest cover.
The State Respondents have also stated that 130 ha. Assisted National Regeneration (ANR) Plantation has been raised during 5 2015-16 over the non-forest land in Rugudidhiha Village of Pallahara Range in Deogarh Forest Division and it was subsequently notified as Protected Forest. This plantation was taken up with barbed wire fencing to ensure protection of plantation. This land is a non-forest land given for raising Compensatory Afforestation by the Mandakini Coal Company Ltd. in lieu of diversion of forest land. It is also stated that Penal Compensatory Afforestation (PCA) has been done in Ranibeda Reserve Forst of Telkoi Range in Keonjhar Division over 166.74 ha. of land with barbed wire fencing over 5.095 kilometers to protect the plantation from biotic interference. This Penal Compensatory Afforestation has been taken up in the Ranibeda Reserve Forest to cover up all vacant patches of land inside the forest with tree growth.
4. A rejoinder-affidavit dated 02.02.2022 in response to the affidavit filed by the Respondent No.2, has been filed on behalf of the Applicant also accompanied by several photographs disputing the averments of the Respondents and it is stated that Compensatory Afforestation is meant for barren lands where there are no forests but the photographs which have been filed along with the rejoinder affidavit itself would show that CAMPA funds were utilized for afforestation inside the Reserve Forests sometimes by removing existing plants, creepers and trees.
5. The case of the Respondents, however, is clear and unambiguous that barbed wire fencing has been resorted to in 6 order to protect such areas where new plantations have taken place over barren land, in order to protect such plantations from domestic as well as wild animals. In fact, the photographs which have been filed by the Applicant would itself show that the plantations are human effected plantations and, in fact, several open spaces can be observed in the Niramba DPF, Odogaon Forest Range, Nayagarh and Chandili Reserve Forest, Pipalkata Beat of Ulunda Range and in Sonepur Division, which clearly show barbed wire fencing. The photographs relating to Rugudidihi DPF and Chandili Reserve Forest, Pipalkata Beat of Ulunda Range, Ranibeda Reserve Forest Telkoi Range, Keounjhar Forest Division, also have open spaces.
6. These photographs clearly belie the wide spectrum allegations made by the Applicant and in any case do not show that barbed wire fencing is resorted to in the forest recklessly. The photographs which have been filed by the Applicant also show barbed wire fencing or that type of fencing around regulated plantations and also around the some open spaces having sparse plantations and, therefore, it cannot be disputed that the fencing has been put up by the Forest Department specifically in order to preserve new plantations till the trees/plants grows to a sufficient height in order to be able to take care of themselves. The need of removing of barbed wire fencing and use of vegetative fencing is recognized by the State Respondents themselves but in our opinion the same can be resorted to by the Respondents depending upon the facts of each case and each plantation site.
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7. The letter of the Principal Chief Conservator of Forest (Wildlife) and Chief Wildlife Warden, Odisha, dated 23.09.2021 filed as Annexure-B/2 (page no. 127 of the paper book), also enjoins all the Divisional Forest Officers to do away with the practice of erection of barbed wire fencing around the plantations and use vegetative fencing wherever required.
8. The Applicant along with his Original Application has also filed as Annexure-13 (page no. 45 of the paper book), certain newspaper articles relating to removal of barbed wire fencing in Haryana and Punjab to show that blue bulls have got electrocuted there. However, so far as the forest area in question is concerned, particularly relating to Odisha, it is not the allegation of the Applicant that barbed wire fencing used by the Respondents has resulted in the electrocution of any animal nor has it been found that any animal has received fatal injuries due to barbed wire fencing or other type of fencing installed in the forest areas covered in the present case.
9. We, therefore, find no merit in this Original Application and the same is accordingly dismissed.
10. We, however, at the same time direct the State Respondents to take steps for implementation of the directions of the Principal Chief Conservator of Forest (Wildlife) and Chief Wildlife Warden, Odisha, as recommended in his letter dated 23.09.2021 and use vegetative fencing instead of barbed wire fencing for protection/preservation of plantations as far as possible.
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11. There shall be no order as to costs.
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B. AMIT STHALEKAR, JM ......................................
SAIBAL DASGUPTA, EM Kolkata, February 25, 2022, Original Application No. 57/2021/EZ AK 9