Jharkhand High Court
Vikash Mahto vs The Union Of India Through The Secretary ... on 28 February, 2017
Author: D.N. Patel
Bench: D. N. Patel, Ratnaker Bhengra
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No.1615 of 2013
Vikash Mahto ... ... ... ... ... ... Petitioner
Versus
1. The Union of India through the Secretary, Environment and Forest,
Government of India, Lodhi Road, New Delhi
2. The State of Jharkhand through the Chief Secretary, Project
Bhawan, Ranchi
3. The Secretary, Forest & Environment Department, Nepal House,
Ranchi
4. The Principal Chief Conservator of Forests, Jharkhand, Doranda,
Ranchi
5. The Principal Chief Conservator of Forests, Bio-Diversity-Cum-
Chief Wildlife Warden, Jharkhand, Doranda, Ranchi
... ... ... ... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE D. N. PATEL
HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioner: Absent
For the Respondents: M/s. J.C. to A.S.G.I/A.A.G., Rajesh Kumar, GP-V
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25/Dated: 28th February, 2017
Per D.N. Patel, J.
1) When the matter is called out, counsel for the petitioner is absent.
2) We have heard at length the counsel for the respondents-State, who has submitted that proper steps have been taken for protection of the wildlife of Palamu National Park. Counsel for the State submitted that as per the Management of Palamau Tiger Reserve, which is guided by the document - Tiger Conservation Plan, which has been approved by the National Tiger Conservation Authority (hereinafter referred to as 'the NTCA' for the sake of brevity), the Officers are constantly under monitoring by the State. It is further submitted by the counsel for the State that as per NTCA, a tripartite agreement has been entered into between the State Government, the NTCA and the Field Director of Palamau Tiger Reserve. For the effective evaluation of the Management, independent Evaluator has also given a report as per Annexure C to the counter affidavit filed by the respondents-State. It is further submitted by the 2 counsel for the respondents-State that apart from the trekker, Tiger Protection Force and Home-Guards are also presently working in the Palamu Tiger Reserve and few retired military persons have also been engaged on contract basis who work as a strike force. Moreover, two new construction of Check Dams and desiltation of old Check Dams - this work is also going on in the National Tiger Reserve. Moreover, several activities have been conducted by the State for new developments with community participation. Similarly, several points have been highlighted about the development of grass land in the Palamau Tiger Reserve, Sambar enclosures,Village Re-allocation, etc and it is submitted that a detailed counter affidavit has been filed so far as actions initiated by the State with the help of the NTCA.
3) In view of these submission made by the State and also looking to the counter affidavit, it appears that the Management of Palamau Tiger Reserve is properly being carried out by the State as per the document - Tiger Conservation Plan, which is approved by the NTCA, New Delhi. Moreover, GPS based patrolling will also be initiated by the respondents. 132 sub-beats are presently existing in Palamau Tiger Reserve and they are going to enhance the same by 95 more sub-beats. Similarly, patrolling camps over 10 Sq. Kms will also be ensured. Construction of the new check dams has also been envisaged. Simultaneously, desiltation of old check dams work is also going on.
4) In view of the counter affidavit and submissions canvassed by the counsel for the respondents, we, hereby, direct the respondents-State to,
(i) Carry out the directives as enumerated in Tiger Conservation Plan (hereinafter referred to as 'TCP' for the sake of brevity), which is approved by the NTCA, New Delhi.
(ii) The detail steps have to be taken by the State as pointed out in the TCP has to be carried out by the State with effective management.
(iii) It ought to be kept in mind by the State that there is a direct nexus between the protection of wildlife and the staffs engaged by the respondents-State. More the vacancy to be filled up by the State for the conservation of wildlife, more will be the damage to the Tiger Conservation Project. Money 3 might be saved by the Government, but, the tigers will be lost. There are ways and means to engage the people at large for the conservation of tigers within the State of Jharkhand. Every time it is not necessary that regular staff is to be engaged. Those who are high ranking officers, they ought to know how to take work from the people at large for the Tiger Conservation. It is not necessary that permanent employees are always useful when the forest is to be protected and the wildlife is to be protected.
(iv) Memorandum of Understanding entered into between the State of Jharkhand, the NTCA and the Director of Palamau Tiger Reserve has to be implemented in its true letter and spirit, otherwise, Memorandum of Understanding will only be a paper planning. Implementation of Memorandum of Understanding is must. Immediate steps will be taken to implement this Memorandum of Understanding. If this Memorandum of Understanding is not implemented, the provisions made for Tigers will work like a "Paper Tigers". The report which has been given by Dr. D.S. Shrivastava, Nature Conservation Society, an Evaluator of Ministry of Environment, Forests and Climate Change, will also be kept in mind while implementing the Memorandum of Understanding and Tiger Reservation Plan.
(v) It is further submitted by the counsel for the respondents-State that 90% of the posts of the Forest Guards and Foresters are vacant. For the Forest Guard, the total strength is 164, out of which 152 are vacant. Similarly, for the post of Foresters, the sanctioned strength is 29, out of which only 09 are working and 20 are vacant. Sanctioned strength of Range Forest Officers is 08 and 08 are working. So far as post of Assistant Conservator of Forest is concerned, sanctioned strength is 03, whereas, only one is working and 02 are vacant. All these posts are meant for Palamau Tiger Reserve, otherwise, the vacancy is much more in the rest of the State.
4We, therefore, direct the respondents-State to fill-up the at least 50% of the sanctioned strength of the Palamau Tiger Reserve in first phase on or before 30th September, 2017. If these posts are not filled up, payment of salary of the Secretary, Forest & Environment Department of the State of Jharkhand as well as the Field Director, Palamau Tiger Reserve, will be stopped. We direct the Chief Sectary of the State of Jharkhand not to pay salary to these Officers if the aforesaid direction is not carried out. If the said Officers are self-drawing & disbursing Officers, they will not prepare pay- bills for their salary without prior permission of this Court on and from 1st October, 2017. Further, they will also be liable for Contempt of Courts.
It is submitted by the counsel for the respondents- State, upon instruction from an Officer, who is present in the Court, that since last 10 years, such type of vacancy is going on in the Palamu Tiger Reserve Area. It ought to be kept in mind by the State that either they can save the money or they can save the Tigers. Minimum employment is must, to save the forests and the wildlife. This is the first principle of preservation of forests and wildlife. Money spent by the State for salary of the staff is not wastage of money. In fact it is investment. Forest and wildlife are priceless. It is a constitutional duty of the State to protect forest as well as wildlife. This prima facie principle, perhaps, has been lost sight of by the high-ranking administrative Officers in the Forest & Environment Department of the State of Jharkhand.
(vi) GPS Based Patrolling, over & above the campus, will also be initiated in the Plamau Tiger Reserve Forest Area.
(vii) It has also been assured by the counsel for the State that at present, there are 132 sub-beats existing in Palamau Tiger Reserve and the State is going to establish further 90 patrolling camps. This shall be carried out as far as possible and practicable and as early as possible and practicable.
(viii) Patrolling camps shall be established at every 10 Sq.
5Kms area of the Palamau Tiger Reserve.
(ix) For construction of 02 Check Dams and desiltation of the old check dams, work is going on. On next date of hearing, the Secretary of the Forest & Environment Department of the State of Jharkhand will file an affidavit with colour photographs of 5"x8" size in mat finish about the work done so far as these check dams is concerned.
(x) Possibility will also be verified if Tigers from the rest of the part of the country can be brought in Palamau Tiger Reserve so as to increase the density of the Tigers. On next date of hearing, what actions have been initiated in this direction will also be pointed out by the Secretary.
(xi) Development of Grass land in the Palamau Tiger Reserve, which plays a significant role in maintaining an efficient food chain and food-web in the forest ecosystem. This grass land shall be maintained scientifically by the respondents-State, so as to habitat, the important herbivorous.
(xii) Counsel for the State has also taken this Court to various pamphlets on glossy papers for the Management plan for the wildlife and the preservation and conservation of tigers have been pointed out. This glossy papers are not enough for preservation of the forests, nor for the tigers, unless the plan mentioned in the paper are being implemented by the State. Planning without implementation is a waste of time and money. Implementation of a plan is an art. Where there is a will there is a way. It appears that there is a lack of will and desire on the part of the State Officers. Had more care would have been taken, there would have been proper preservation of tigers in Palamu Tiger Reserve Area.
(xiii) Village re-allocation, as submitted by the counsel for the respondents-State, especially Villages Kujrum, Vijaypur, Latu, etc, which are total 08 in number, in the core area of Palamau Tiger Reserve Area, these villages will be re-
6allocated with all re-allocation packages which involve payment of Rs.10.00 Lakhs per family as per Voluntary Village Re-allocation Package. This re-allocation of Villages will also be pointed out on oath by the Secretary of the Forest & Environment Department of the State of Jharkhand.
(xiv) We also direct the State of Jharkhand to explore the possibility of importing tigers from rest part of the country along with prey base, deer, Sambhar & Indian gaur.
(xv) We also direct the Secretary, Forest & Environment Department of the State of Jharkhand to point out the budget allocation in the Palamau Tiger Reserve for the last five years and how much is the expenditure incurred and how much amount is returned on 31st March of the respective year i.e. the end of every financial year in the last five years. Amount received from State as well as from Central Government or under any Central Government scheme and the amount utilized shall also be pointed out on oath. The aforesaid affidavit shall be filed by the Secretary of the Forest & Environment Department, State of Jharkhand, clearly pointing out how much amount allocated in the budget by the State and how much amount is allocated by the Central Government (NTCA). The necessary proposal will be sent by the State for re-allocation of the rank & file of 08 villages which are falling within the core area of Palamau Tiger Reserve, so that the amount can be received from NTCA for the re-allocation of these villages. This exercise will be completed at the earliest and in no case, not later than next date of hearing.
We also direct the State to develop an area where the villages are going to be re-allocated which is technically known as Eco-Development Programme for the Buffer Area so as to minimize the conflict between the wildlife and the human beings.
(xvi) We also direct the State to carry out a permanent establishment of Palamau Tiger Reserve. Adhoc-ism for 7 high-ranking administrative officers is not desirable.
5) Copy of this order will be sent by the Registrar General of this Court to,
(a) the Chief Secretary of the State of Jharkhand,
(b) the Secretary, Forest and Environment Department, State of Jharkhand, initially by fax and thereafter by Registered Post A.D.
6) This matter is adjourned to be enlisted on 12th October, 2017.
(D. N. Patel, J)
Manoj/ (Ratnaker Bhengra, J)