National Green Tribunal
News Item Titled "Core Breach As ... vs Pccf Karnataka Forest Department And ... on 13 August, 2024
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.17:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Dated this the 13th day of August, 2024.
(Through Video Conference)
Original Application No.65 of 2024 (SZ)
[Earlier O.A. No. 85 of 2024 (PB)]
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
based on the news item in Bangalore
Mirror dt: 28.12.2023 titled, "Core
breach as structure set up in Kali
Tiger Reserve".
And
1) Principal Chief Conservator of Forests
Karnataka Forest Department,
4th Floor, Aranya Bhavan,
Malleshwaram, Bangalore - 560 001.
2) Deputy Conservator of Forests and Director
Kali Tiger Reserve, Dandeli, Dandeli Taluk,
Uttar Kannada District - 581 325.
3) Additional Chief Secretary to Government
Department of Forest, Ecology and Environmental,
Karnataka Government Secretariat,
Room No. 448, 4th Floor, Gate No. 2,
M. S. Building, Bengaluru - 560 001.
...Respondent(s)
For Applicant(s): Suo Motu.
For Respondent(s): Mr. Rajat Jonathan Shaw represented
Mr. K.M. Darpan for R1 to R3.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
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JUDGMENT
A
1. The above case has been Suo Motu registered by the Principal Bench of the National Green Tribunal, New Delhi as Original Application No.85 of 2024 (PB) based on the news item published in „Bangalore Mirror‟ dated 28.12.2023 titled, "Core breach as structure set up in Kali Tiger Reserve".
2. The report alleges that illegal construction and infrastructure development are taking place in the core area of the Kali Tiger Reserve.
3. Before the Principal Bench, the learned counsel for the State of Karnataka though emphasised that the alleged construction has nothing to do with tourism and that the said structures are protection camp created by the Forest Department to prevent poaching and illegal felling of trees in the core area, has sought time to file a report from the appropriate authority.
4. Since the matter pertains to the jurisdiction of the Southern Zone Bench, the said Original Application was transferred to this Bench, which was renumbered as Original Application No.65 of 2024 (SZ) and notice was issued to the respondents for filing their respective replies/reports.
5. The report dated 12.08.2024 was filed on behalf of the Director - Kali Tiger Reserve, wherein it has been stated that the contents of the news article are false.
6. Further, it was submitted as follows:-
"The area in question where the structure is put up is Neeligundi - Seema Nallah, also called the Blue waterfalls located in the Anshi National Park of Kali Tiger Reserve, along Anshi Ghat. The same is at the boundary between Anshi Range (Joida Taluk) and Kadra Range (Karwar Taluk) next to the SH-34 connecting Ramnagar to Karwar.
The above-mentioned infrastructure is a protection camp put up by the Forest Department for the protection of the forest area. It is located within 7 km of the Anshi Wildlife Range, and is next to SH-34 in the Anshi Ghat area. The area has minimal vehicular traffic at night. Hence, in order to prevent any illegal offenses within the forest area, the forest protection camp was set up.Page 2 of 3
It is submitted that the Seema Nallah also called the Blue Waterfalls attracts visitors to stop for sightseeing. There have been many incidents of the presence of wild animals within the area which sometimes poses a risk for both humans and animals. The protection camp serves as a check for any illegal entry within the area and also prevents any man-animal conflict. Moreover, it also helps the officials take steps against and prevent any littering by the tourists in the area.
Further, the road connecting Anshi to Kadra has a steep ghat area with naturally grown grass. During summers, the same is prone to fires. Without the presence of any forest guards in the vicinity, it would become difficult to contain the fires. Hence, the protection camp also helps reduce the response time to the fire affected areas. It ensures that firefighting instruments and fire watchers can be stationed for prompt response during the fire season."
7. From the above report of the Director of Kali Tiger Reserve, it is clear that the structures in question are not to promote tourism, rather it is a protection camp to serve the purpose of preventing unauthorized tree felling, poaching, littering and as a strategic response point to prevent forest fires.
8. The above-referred report of the Director - Kali Tiger Reserve is accepted and the Original Application [O.A. No.65 of 2024 (SZ)] is closed, as it calls for no action in view of the averments made by the Director- Kali Tiger Reserve in the report.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.65/2024(SZ) 13th August, 2024. Mn.
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