National Green Tribunal
News Item Titled "Manipuri Ponies Under ... vs . Ankita Sinha & Ors." Reported In 2021 on 2 July, 2024
Item No. 06 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 716/2024
News Item titled "Manipuri ponies under threat despite state conservation
policy" appearing in India.mongabay.com dated 07.05.2024
Date of hearing: 02.07.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. This Original Application is registered suo-motu on the basis of the news item titled "Manipuri ponies under threat despite state conservation policy" appearing in India.mongabay.com dated 07.05.2024.
2. The matter relates to the threat to Manipur's ponies as its grazing grounds and natural habitats are being encroached by infrastructure development projects. This is pushing the ponies out of their habitat, making them more susceptible to road accidents and deaths due to plastic consumption. As per the article, though the government launched a conservation policy for the ponies in 2016, it has not been efficiently implemented on ground, increasing concern for the last remaining population of the species.
3. The news item further states that in 2016, the Manipur state government passed the Manipur Pony Conservation and Development Policy, acknowledging the decline in the species population, from 1898 as per the 2003 livestock census to 1101 as per the count published in the 2012 census. However, there has not been efficient implementation on 1 ground. Only one meeting of the board members has happened till date, after the passing of the policy and 32 acres of low-lying area within Lamphelpat has been earmarked as grazing ground for the ponies. This area of grazing ground may at best cater to 100 ponies for a month. Besides natural reasons, road accidents and plastic consumption have been the major causes of pony deaths in the last few years. Due to the increasing stress induced by declining grazing grounds, ponies are often out in the roads and seen scavenging for food from a pile of roadside garbage, which often causes consumption of plastics. This leads to blockages in their intestines and causes death.
4. The news item alleges that the Manipur ponies prefer the kind of habitat with marshy green wetlands. However, the government is not focusing on the preservation of grazing fields and wetlands. . The wetlands in Imphal used to be the primary habitat place for the Manipur ponies. However, the situation has changed due to development of infrastructure in the region. The Water Resource Department has finalized a latest project to dig Lamphelpat into a 12 feet deep waterbody, which seems to be the final nail in the coffin. The project spans over 300 acres and thus forces the Manipur ponies to step out of their habitat. The article notes that since the initiation of this project, over 10 ponies have died as they got stuck in the mud pool. The article also highlights that local grass such as tingoi and hoop are the main fodder for ponies, however, they are found no more after the projects in Lamphelpat.
5. The above news item indicates violation of the provisions of the Environment Protection Act, 1986, Policy on Conservation of Manipuri Pony, 2016, and the Biological Diversity Act, 2002. 2
6. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
7. Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon'ble Supreme Court in the matter of "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors." reported in 2021 SCC Online SC 897.
8. Hence, we implead the following as respondents in this matter:
(i) Ministry of Environment, Forest & Climate Change, Integrated Regional Office (Manipur) Law-U-Sib, Lumbatngen, Near MTC Workshop, Shillong - 793 021
(ii) Loktak Development Authority, Manipur, Through its Chairperson The Secured Office Complex 2nd Floor, North Block AT-Line Near 2nd MR Gate Imphal (W) Manipur - 79500.
(iii) Veterinary and Animal Husbandry Services, Through its Principle Secretary Manipur Secretariat, Imphal West-795001 Manipur, India.
(iv) Deputy Commissioner, Revenue Department, Imphal West, DC Office, Lamphel - 795004
9. Let notice be issued to the above Respondents for filing their response before the Eastern Zonal Bench of the Tribunal.
10. Since the matter relates to the Eastern Zonal Bench, Kolkata, therefore, OA is transferred to the Eastern Zonal Bench for appropriate further action. Let the original record of this OA be transferred to the Eastern Zonal Bench, Kolkata.
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11. List before Eastern Zonal Bench at Kolkata on 02.09.2024.
Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 02, 2024 O.A. No. 716/2024 HB 4