Gauhati High Court
Rohit Choudhury vs Numaligarh Refinery Ltd on 14 September, 2022
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/8
GAHC010165072019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2451/2019
ROHIT CHOUDHURY
S/O SHRI DEBI PRASAD AGARWAL, VILL. GORMUR, P.O. LOKUJAN,
BOKAKHAT 785612, DIST. GOLAGHAT, ASSAM.
VERSUS
NUMALIGARH REFINERY LTD.
THROUGH ITS CHIEF GENERAL MANAGER (HR) IN CHARGE, GOLAGHAT,
DIST. GOLAGHAT, ASSAM.
2:THE UNION OF INDIA
THROUGH THE SECY.
MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE
PARYAVARAN BHAWAN
CGO COMPLEX
LODHI ROAD
NEW DELHI 110003
3:THE STATE OF ASSAM
THORUGH ITS CHIEF SECY.
ASSAM SACHIALAYA COMPLEX
DISPUR
GUWAHATI 781006
4:DEPTT. OF FOREST
GOVT. OF ASSAM
THROUGH THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD
OF FOREST FORCE
ARANYA BHAWAN
PANJABARI
GUWAHATI 781037
Page No.# 2/8
5:DIVISIONAL FOREST OFFICER (T)
GOLAGHAT DIVISION
JONAKI NAGAR
DIST. GOLAGHAT
ASSAM.
6:THE DEPUTY COMMISSIONER
GOLAGHAT
DIST. GOLAGHAT
ASSAM.
7:THE SUB DIVISIONAL OFFICER (CIVIL)
BOKAKHAT
DIST. GOLAGHAT
ASSAM.
8:THE SUPERINTENDENT OF POLICE
GOLAGHAT
DIST. GOLAGHAT
ASSAM
Advocate for the Petitioner : MR H RAHMAN
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C)/6093/2019
NUMALIGARH REFINERY LTD.
THROUGH ITS CHIEF GENERAL MANAGER (HR) IN-CHARGE
GOLAGHAT
DIST. GOLAGHAT
ASSAM
VERSUS
UNION OF INDIA AND 8 ORS.
THROUGH THE SECRETARY MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE
PARYAVARAN BHAWNA
CGO COMPLEX
LODHI ROAD
NEW DELHI- 110003.
Page No.# 3/8
2:STATE OF ASSAM
THROUGH ITS CHIEF SECRETARY
ASSAM SACHIVALAYA COMPLEX
DISPUR
GUWAHATI-06.
3:THE COMMISSIONER AND SECRETARY
GOVT. OF ASSAM
REVENUE DEPTT. DISPUR
GUWAHATI-6
4:NATIONAL BOARD FOR WILDLIFE
THROUTH THE SECRETARY MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE
PARYAVARAN BHAWAN
JORBAGH
LODHI ROAD
NEW DELHI-110001
5:DEPTT. OF FOREST
GOVT. OF ASSAM
THROUGH THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD
OF FOREST FORCE
ARAYANYA BHAWNA
PANJABARI
GUWAHATI- 781037.
6:DIVISIONAL FOREST OFFICER (T)
GOLAGHAT DIVISION
JONAKI NAGAR
DIST. GOLAGHAT
ASSAM
7:DEPUTY COMMISSIONER
GOLAGHAT
DIST GOLAGHAT
ASSAM
8:THE SUB DIVISIONAL OFFICER (CIVIL)
BOKAKHAT
DITS. GOLAGHAT
ASSAM
9:ROHIT CHOUDHURY
P.O. LOKHWJAN
VILLAGE- GARMUR
BOKAKHAT- 785612
DIST. GOLAGHAT
ASSAM
------------
Advocate for : MR. JYOTIRMOY ROY
Advocate for : ASSTT. S.G.I. appearing for UNION OF INDIA AND 8 ORS.
Page No.# 4/8
Linked Case : WP(C)/5985/2018
NUMALIGARH REFINERY LTD.
THROUGH ITS CHIEF GENERAL MANAGER (HR) IN-CHARGE
GOLAGHAT
DIST. GOLAGHAT
ASSAM
VERSUS
UNION OF INDIA AND 7 ORS.
THROUGH THE SECRETARY MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE
PARYAVARAN BHAWNA
CGO COMPLEX
LODHI ROAD
NEW DELHI- 110003.
2:STATE OF ASSAM
THROUGH ITS CHIEF SECRETARY
ASSAM SACHIVALAYA COMPLEX
DISPUR
GUWAHATI-06.
3:DEPARTMENT OF FOREST
GOVT. OF ASSAM
THROUGH THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD
OF FOREST FORCE
ARAYANYA BHAWNA
PANJABARI
GUWAHATI- 781037.
4:DIVISIONAL FOREST OFFICER (T)
GOLAGHAT DIVISION
JONAKI NAGAR
DIST. GOLAGHAT
ASSAM
Page No.# 5/8
5:DEPUTY COMMISSIONER
GOLAGHAT
DIST. GOLAGHAT
ASSAM
6:THE SUB-DIVISIONAL OFFICER (CIVIL)
BOKAKHAT
DIST. GOLAGHAT
ASSAM
7:THE SUPERINTENDENT OF POLICE
GOLAGHAT
DIST. GOLAGHAT
ASSAM
8:ROHIT CHAUDHARY
P.O. LOKHWJAN
VILLAGE- GARMUR
BOKAKHAT- 785612
DIST. GOLAGHAT
ASSAM
------------
Advocate for : MR. U K NAIR
Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 7 ORS.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
14.09.2022 Pursuant to the deliberation in the Court on 08.09.2022, three experts on the character, behavior and natural movement of elephants, namely, Sri Dudul Bijoyanand Choudhury, Elephant Expert, Sri Kaushik Barua, Conservationalist/ Elephant Expert, Sri Pankaj Sharma, Retired DFO Wildlife were kind enough to remain present in the Court.
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2. Mr. KP Pathak, learned counsel for the Forest Department, Government of Assam suggested the name of another expert on elephant character and the natural movements, namely, Dr. Kushal Konwar Sharma, Elephant Veterinarian, AAU, Veterinary Science, HOD, Department of Surgery and Radiology.
3. The issues in this writ petition involve the sustenance of a boundary wall erected by the petitioner NRL in their township extension. The Deputy Commissioner Golaghat is of the view that the boundary wall erected by the petitioner NRL obstructs the movement of the elephants to the extent that the entire area is a known elephant habitat area. The petitioner NRL also raises an issue that other organizations located within the elephant habitat areas are allowed to erect their own wall and it is only the NRL who has been singled out from erecting a boundary wall. In the circumstance, a necessity has arisen to understand as to what would be the extent of the elephant habitat areas in the particular locality. Accordingly, the three experts namely, Sri Dudul Bijoyanand Choudhury, Elephant Expert, Sri Kaushik Barua, Conservationalist/ Elephant Expert and Sri Pankaj Sharma, Retired DFO Wildlife are of the view that they would undertake a tour of the entire area, study the character and natural movements of the elephants in the area and as to whether the offending boundary wall obstructs the natural movement of the elephants and thereafter submit a report before the Court.
4. Accordingly as agreed a committee comprising of Sri Dudul Bijoyanand Choudhury, Elephant Expert, Sri Kaushik Barua, Conservationalist/ Elephant Expert, Sri Pankaj Sharma, Retired DFO Wildlife and Dr. Kushal Konwar Sharma, Elephant Veterinarian, AAU, Veterinary (HOD, Department of Surgery and Page No.# 7/8 Radiology) is requested to visit the entire area, study the elephant character, behavior and their natural movement in the area, the extent of the area which are to be included in the area for natural movements of the elephants and point out if there exists any obstruction created by human beings to such natural movement and thereafter suggest means for mitigating the situation.
5. The authorities of the NRL submit before the Court that the authorities will do all the needful including providing logistic support to the committee of expert indicated above so that needful can be done without any hindrance. As the NRL authorities has pointed out another organization namely, NTRO which also exists within the vicinity, also with a boundary wall, and stated to be within the area of natural movement of elephants, we request Mr. K Gogoi, learned CGC to confer with the authorities of NTRO as to what are their views to facilitate free elephant movements in the area and in what manner the authorities of NTRO can coordinate, cooperate and mitigate the situation. The views of the NTRO be also provided to the Court on the next returnable date.
6. List on 27.09.2022 for preliminary update on the views of the expert committee after undertaking the tour of the area concerned.
7. The authorities of the NTRO if they feel necessary, may confer with the expert committee for their suggestion as to in what manner, keeping the activities of the NTRO remaining unaffected, the organisation NTRO can contribute to the process.
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8. As the issue involves movement of animals in their natural habitat, the Environment and Forest Department of the Government of Assam to also depute an official having appropriate knowledge on animal behaviour and movement to coordinate with the expert committee and facilitate the process. The learned counsel for the Forest and Environment Department to coordinate the activities of the deputed officials and the expert committee.
9. For the purpose, the authorities in the NRL may also depute an appropriate officer of the organisation having good knowledge of animal behaviour and character to coordinate with the expert committee for furtherance of the work.
10. In the meantime, we leave it to the wisdom and conscience of the petitioner NRL as to in what manner they from their own side can facilitate the requirement of the animal movements whose natural habitat is within the area itself.
JUDGE Comparing Assistant