Rajasthan High Court - Jaipur
Suo Motu vs State Of Raj And Ors on 4 September, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No.2627/2019
Chandrabhal Singh S/o Shri Chandra Mauleshwar Singh, Aged
About 45 Years, K-901, Laburnum Park, Magarpatta City,
Hadapsar, Pune - 411013 (Maharashtra)
----Petitioner
Versus
1. Union Of India, Through Secretary Ministry Of
Environment And Forest, New Delhi.
2. State Of Rajasthan, Through Chief Secretary Janpath,
Jaipur (Raj.)
3. Principal Secretary, Forest Department, Government Of
Rajasthan, Secretariat, Jaipur.
4. The Chief Wildlife Warden, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur-302005.
5. State Board For Wildlife, Rajasthan, Government
Secretariat, Jaipur.
6. Principal Chief Conservator Of Forest (Hoff), Rajasthan,
Aranya Bhawan, Jhalana Institutional Area, Jaipur-
302004.
7. District Collector, Alwar
8. District Superintendent Of Police, Alwar
----Respondents
Connected With D.B. Civil Writ Petition No. 9061/2018 Suo Motu
----Petitioner Versus
1. The Jaipur Municipal Corporation through the Commissioner, Jaipur
2. The Jaipur Development Authority, J.L.N. Marg, through the Secretary, Jaipur
3. The UDH Department through Principal Secretary, Jaipur
4. Local Self Department through Principal Secretary, Jaipur
5. Jaipur Vidyut Vitaran Nigam Limited through its X.En. (TA to SE (JCC) JVVNL, Jaipur
6. The Director, Wild Life Institute of India, Dehradun
7. The Director, National Tiger Conservation Authority, B-1 Wing, 7th Floor, Pandit Deendayal Antyodaya Bhawan, CGO Complex, Pragati Vihar, New Delhi (Downloaded on 07/09/2019 at 09:19:12 PM) (2 of 52) [CW-2627/2019]
----Respondents For Petitioner(s) : Mr. Pradeep Choudhary, Amicus Curiae in Civil Writ Petition No.9061/2018 Mr. Siddharth Bapna on behalf of Mr. Ranveer Singh Mehta for petitionerin Civil Writ Petition No.2627/2019 For Respondent(s) : Mr. R.P. Singh, Additional Advocate General, assisted by Mr. Shashikant Saini for respondent-State Mr. R.D. Rastogi, Additional Solicitor General, assisted by Mr. Akshay Bhardwaj for respondent Union of India Mr. Rajeev Swaroop, Additional Chief Secretary, Home Department, Government of Rajasthan Ms. Shreya Guha, Principal Secretary, Forest Department Mr. Arindam Tomar, Chief Wildlife Warden Mr. Deepak Bhatnagar, Principal Chief Conservator of Forest, (H.O.F.R.), Rajasthan Mr. M.L. Lathar, Additional Director General of Police (RAC) Mr. Manoj Parashar, Field Director, Ranthambhore HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order //Reportable// Per Hon'ble Mr. Justice Mohammad Rafiq:
04/09/2019 Both these writ petitions raise a common question of facts and law pertaining to management of three tiger reserves of the State - Ranthambhore Tiger Reserve, Sariska Tiger Reserve and Mukundara Hills Tiger Reserve, and protection of the wildlife especially the tigers. Both the matters were therefore clubbed and (Downloaded on 07/09/2019 at 09:19:12 PM) (3 of 52) [CW-2627/2019] heard together and are being decided by this common judgment.
Writ Petition No.9061/2018 was registered as Public Interest Litigation on suo motu cognizance being taken by learned Single Judge of this Court vide order dated 19.04.2018 in the aftermath of two tiger cubs being found dead in the Ranthambhore Sanctuary under the mysterious circumstances. A doubt was expressed that they were poisoned. The Court was anxious to know as to why death of wildlife animals, particularly tigers, in Ranthambhore Tiger Reserve as also Sariska Tiger Reserve, has been taking place at regular intervals. The matter was treated as Public Interest Litigation and was placed before the Division Bench, which on 01.05.2018 issued notices to the respondents.
This Court on 05.12.2018 appointed Mr. Pradeep Choudhary, an eminent Advocate of this Court, as Amicus Curiae in the matter. The State of Rajasthan filed its reply to the writ petition on 10.08.2018. Mr. Pradeep Choudhary has filed his response to the reply filed by the respondent-State of Rajasthan. In the reply, the State Government stated that death of two tiger cubs was reported in the office of the Field Director, Ranthambhore National Park on 17.04.2018. The bodies of the cubs were subjected to postmortem examination in accordance with the protocol prescribed by the National Tiger Conservation Authority (for short, 'the NTCA'). On site inspection, an empty bottle of insecticide named "phoskill" was also found from the water tank situated nearby, wherein bullock fell and died two days back prior to the viscera were taken during the postmortem examination. The blood and viscera samples of those tiger cubs so also samples of water (Downloaded on 07/09/2019 at 09:19:12 PM) (4 of 52) [CW-2627/2019] from nearby water-hole were sent to the Indian Veterinary Research Institute, Ijjatnagar, District Bareli, for histopathological and toxicological examination. Another set of samples was sent to CCMB, Hyderabad. The report dated 10.07.2018 sent by the Indian Veterinary Research Institute states that the tissue section of the cubs did not reveal any pathological changes except autolytic-changes as evidenced by loss of structural details and invasion of saprophytic organisms. The toxicological report of the tissues of the cubs was found positive for phosphine but negative for other toxicants. The water sample was found negative for arsenic, nitrate and fluoride. The other two laboratories reports are still awaited. The viscera samples of bullock were also found positive for presence of phosphine. It was also stated that a detailed note with regard to death of two tiger cubs on 17.04.2018 was received from the Field Director, Ranthambhore National Park.
Pursuant thereto, a case under Wild Life (Protection) Act, 1972 was registered and investigated vide F.I.R. No.887/77 dated 18.04.2018 by the forest department.
The reply filed by the State further mentions that the information regarding presence of another tiger named T-28 of Ranthambhore National Park in a village was received in the office of Field Director, Ranthambhore National Park on 20.03.2018. The said tiger was tranquilized by a team of forest department and was brought to nearest Forest Chowki, Gudha, from a nearby village, where it had strayed out from the Ranthambhore National Park, but unfortunately the said tiger died due to shock caused by torsion of stomach, which, as per the respondent, was a natural phenomena and therefore, no ground existed for further enquiry, and accordingly the office of the Chief Conservator of Forest (Downloaded on 07/09/2019 at 09:19:12 PM) (5 of 52) [CW-2627/2019] (Wildlife), Field Director, Ranthambhore, Sawai Madhopur, submitted a report to the Additional PCCF and Chief Wildlife Warden, Rajasthan. The reply to the writ petition further states that the death of tigers/cubs in Ranthambhore National Park cannot be attributed to any single reason, rather the reasons are multiple. Apart from the natural instinct of wild big cats, such as Tigers, to keep hold on their territory resulting into territorial fights and the infanticide by male tigers, the intrusion of the villages residing at the boundary of the national park and their illegal activities in the Ranthambhore National Park, are also the possible reasons. It is also stated that infighting is a natural phenomenon in the wilderness. Wildlife experts and researchers have termed it as "Tiger turnover" in which about 15-20% of population succumb to wild-factors and weeded out from the area naturally. Reliance was placed on the research article of one Mr. Ayan Sadhu, a renowned wildlife researcher, to support this claim. It was stated that the tiger death phenomenon becomes more prominent when the population reaches to the level of carrying capacity of the area. Therefore, the death of tiger cubs is not abnormal, however, the park management is proactive and strives to keep the tiger death minimum through protection and monitoring. Reference was made to the guidelines issued by the National Tiger Conservation Authority (for short, 'the NTCA') under Section 38 of the Act of 1972, according to which all the tiger reserves situated in all the States of the country are required to submit a Tiger Conservation Plan to the NTCA for conservation of tigers and tiger reserves. The authorities of Ranthambhore National Park submitted a Tiger Conservation Plan to NTCA dated 01.07.2014 for the period from 2013-14 to 2022-23 and after (Downloaded on 07/09/2019 at 09:19:12 PM) (6 of 52) [CW-2627/2019] considering the same, the NTCA raised certain queries to which amended Tiger Conservation Plan was submitted on 03.09.2015 followed by another amended Tiger Conservation Plan dated 01.04.2016. The NTCA considered the matter and again raised some queries, to which yet another amended Tiger Conservation Plan was submitted on 07.06.2018 to the NTCA. Effective steps are being taken to implement the Tiger Conservation Plan through Annual Plan of Operation, for which budget is also allotted after due scrutiny by the NTCA. The NTCA gave its approval for the Tiger Conservation Plan to the Chief Wildlife Warden, Government of Rajasthan, on 31.12.2014 for the period from 2014-15 to 2023-
24. As regards the death of two cubs of T-79 in Ranthambhore National Park, an inquiry committee was constituted vide order dated 25.07.2018 to enquire whether these cubs were given poison by the local people, killed by other tigers or their death was due to man-animal conflict, and to submit its report to the Chief Wildlife Warden. It was further stated that as regards the death of male tiger (ST-11) of Sariska Tiger Reserve on 19.03.2018 and missing of another tiger (ST-5) of the aforesaid reserve, the enquiry report was submitted by a Standing Committee constituted by the State Government, which was headed by Mr. Ajit Singh, Ex-Director General of Police, Rajasthan, on 21.04.2018, which stated different reasons of death of ST-11. As regards the death of ST-11, a case was registered under Sections 9, 27, 29, 39, 50 read with Section 51 of the Act of 1972, vide F.I.R. No.103/46 dated 19.03.2018 and after a detailed investigation, a complaint was filed against one Bhagwan Sahay Prajapat in the court of Additional Chief Judicial Magistrate, Alwar, (Downloaded on 07/09/2019 at 09:19:12 PM) (7 of 52) [CW-2627/2019] for offence under Sections 9, 27, 29, 31, 39, 50 read with Section 51 of the Act of 1972. As regards the missing tiger ST-5, it was stated that animal was intensively monitored on regular basis jointly by the Wildlife Institute of India and the staff of the Rajasthan Forest Department. Its 'radio collar' was replaced on 01.12.2015. A team of scientists and researchers of Wildlife Institute of India also visited the Sariska Tiger Reserve and carried out 'field evaluation of ST-5 transmitter signals' on 20 th/21st April, 2018. The Wildlife Institute of India sent a report to validate the signal of the VHF Radio transmitter placed on ST-5 female tiger at STR in May, 2018 end. The report revealed that the signals from the radio collar of ST-5 received by the research team were examined with respect to pulse period. It further revealed that "all the signals were of short duration (<2 minutes) and indicated the collar to be still functioning and did not reflect mortality signals". It was stated that efforts are being made to find out the ST-5. The report dated 02.08.2018 was also submitted to the Chief Wildlife Warden, Rajasthan, stating that no direct/indirect evidence was found as regards the death of ST-5. The effective steps are being taken by the authorities to implement the Tiger Conservation Plan approved by the NTCA from 2014-15 to 2023-24. The reference was made to the order dated 08.08.1994 constituting a Standing Committee by the State Government to look after various issues like the prevention of poaching, felling and trespass, progress of eco development and various other issues related to Ranthambhore Tiger Reserve.
The State Government with its reply produced a report prepared by the Deputy Conservator of Forest showing that monitoring of tiger and other co-predators traps of Ranthambhore (Downloaded on 07/09/2019 at 09:19:12 PM) (8 of 52) [CW-2627/2019] Tiger Reserve through camera in order to give impetus of protection at Ranthambhore Tiger Reserve, a "Special Tiger Protection Force" has been formed, members of which are recruited by the state police department and deployed at Tiger Reserve on deputation. A memorandum of understanding to this effect has been executed between NTCA, Government of India and the Governor of State of Rajasthan through PCCF and Chief Wildlife Warden, Rajasthan. In view of the measures taken, it cannot be said that the tigers in question died due to lack of monitoring. These are stray incidents which seem to have occurred due to either man-animal conflict or infighting. It was stated that a technology enabled advance surveillance or monitoring system has been developed as "Rajasthan Wildlife Surveillance & Anti Poaching System and being installed at Ranthambhore Tiger Reserve, Sariska Tiger Reserve, Jhalana Nature Park, Mukundra Hills Tiger Reserve and Jawaibandh Leopard Conservation Reserve, Sirohi, which consists of continuous surveillance without any break through high end thermal sensing thermographic cameras able to detect motion connected through wireless network or optical fiber and besides recording it can send alarm signals for anything suspicious. It was also stated that in order to prevent people indulging into hunting and revenge killing, the park management has, from time to time, through its various programms and schemes like Van-Dhan Yojna and by paying compensation for the death caused by tigers, tried to maintain good relationship with its nearby communities and local people. In relation to the injury/death caused by tiger attack, the State Government, Rajasthan, vide order dated 16.11.2017, (Downloaded on 07/09/2019 at 09:19:12 PM) (9 of 52) [CW-2627/2019] has made provision for compensation to be paid to the affected parties as per the categories mentioned therein.
Mr. Pradeep Choudhary, learned amicus curiae, filed his response to the reply submitted by the respondent-State, in which he prayed that in view of the information detailed out in para 2 of the reply of the State, response should be called for from the Department about, (1) the total area of Ranthambhore Tiger Reserve vis-a-vis the approximate number of tigers it can accommodate as per the general requirement of territory for a tiger; (2) number of increased tigers during last 5 years and how many of them have been relocated to other tiger reserves in the State of Rajasthan or elsewhere; (3) what are the practical and legal difficulties in relocating the tigers to such newly established tiger reserve; (4) steps taken by the respondents to curtail the man-animal conflict, in peripheral and fringe areas of the forest replacing the radio collars fitted with the GPS devices; (5) checking the enormous increase in the number of hotels and resorts developed into very close vicinity of the Ranthambhore Tiger Reserve causing disturbance to the tigers and overall wildlife. Learned Amicus Curiae also raised the issue about large number of villages situated in core area of Sariska Tiger Reserve and prayed that the Government should be asked as to what steps are being taken to relocate the villagers, and also whether any special tiger protection force has been formed to prevent tigers. Thereafter, the learned Amicus Curiae gave further suggestions on 17.05.2019. The State Government has filed reply to the response of the learned Amicus Curiae as also reply to the further suggestions filed by Amicus Curiae, on 31.07.2019. (Downloaded on 07/09/2019 at 09:19:12 PM)
(10 of 52) [CW-2627/2019] Another Public Interest Litigation, being D.B. Civil Writ Petition No.2627/2019, has been filed before this Court by one Chandra Bhal Singh, raising almost identical issues and praying for a direction to the respondents to take measures to control poaching of tigers and take action against poachers in Sariska Tiger Reserve. Further prayer is made for a direction to the respondents to implement the recommendation of the State Empowered Committee for the preservation and conservation of Sariska Tiger Reserve under the supervision of the Court and forming a Judicial Committee to look into the same. It has also been prayed that the respondents be directed to constitute and deploy a Special Tiger Protection Force as recommended by various Committees and to completely prohibit mining operations, cattle grazing and other illegal activities within the Sariska Tiger Project and to take action against those found guilty. Further prayer has been made for a direction to the respondents to relocate the villages from the Sariska Tiger Project to other area and fill in the vacancies.
The State of Rajasthan filed reply to this writ petition on 31.07.2019, wherein it has stated that anti poaching surveillance has been installed for effective prevention of poaching incidents. The respondents have been conducting raids and search campaigns from time to time. It is submitted that there are villages and human imprint within the Sariska Tiger Reserve. Livestock signs were common in most areas in STR and livestock are usually led to forest area of STR for illegal grazing. This intense grazing pressure results in overgrazed sites, forest under- story degradation, and loss of ground forest. Illegal overgrazing results in shortage of food for the wild animals and affects their (Downloaded on 07/09/2019 at 09:19:12 PM) (11 of 52) [CW-2627/2019] health. Campaigns are being organized in nearby villages from time to time to dissuade people from grazing of cattle. In order to minimize the human-animal conflict and make the area inviolate, the village relocation programme has been considered and taken up on priority basis. It was stated that there are 11 adult tigers and 5 cubs in the Sariska Tiger Reserve, which are being monitored with the assistance of monitoring teams for individual tigers on 24x7 basis after their reintroduction in the year 2008. The authorities have deployed camera traps for both monitoring and study purposes, after tiger reintroduction project in Sariska Tiger Reserve. Details of number of villages in the core area and relocation of some of them have been given, reference of which shall be made in latter part of this order.
We have heard learned counsel appearing for both the sides on 02.08.2019. In the course of arguments, various suggestions were given by Mr. Pradeep Choudhary, learned Amicus Curiae, and Mr. Siddharth Bapna, learned counsel for petitioner, Mr. R.P. Singh, learned Additional Advocate General, Mr. R.D. Rastogi, learned Additional Solicitor General. Mr. Rajeev Swaroop, Additional Chief Secretary, Home Department, Government of Rajasthan, Ms. Shreya Guha, Principal Secretary, Forest Department, Mr. Arindam Tomar, Chief Wildlife Warden, Mr. Deepak Bhatnagar, Principal Chief Conservator of Forest, (H.O.F.R.), Rajasthan, Mr. M.L. Lathar, Additional Director General of Police (RAC) and Mr. Manoj Parashar, Field Director, Ranthambhore, also remained present during hearing and gave their valuable suggestions.
Mr. Pradeep Choudhary, learned Amicus Curiae, has submitted that the National Tiger Conservation Authority has been constituted under Section 38 (k) of the Act of 1972 and provisions (Downloaded on 07/09/2019 at 09:19:12 PM) (12 of 52) [CW-2627/2019] have been made for creation of STPF (Special Tiger Protection Force) Act, at sensitive tiger projects. As per direction of the National Tiger Conservation Authority, the total strength of STPF in each of the tiger reserve is 108. But so far in Rajasthan, only one STPF has been created at Ranthambhore Tiger Reserve, which is also understaffed. Although, STPFs have been sanctioned for newly established Mukundara Hills Tiger Reserve and Sariska Tiger Reserve, which is undergoing a major rehabilitation drive, but it has not been formed as yet. The decision to form STPF was taken long ago and it is not going to happen anywhere in near future. Learned Amicus Curiae, submitted that the problem of poaching and illegal grazing is still persisting not only in Ranthambhore Tiger Reserve but also in Sariska Tiger Reserve and Mukundara Hills Tiger Reserve. This is one of the major threats to the security of the tigers. He therefore submitted that till the STPF is raised in its full strength at these tiger reserves, three companies of Rajasthan Armed Constabulary (RAC) may be deployed at these two tiger reserves to provide protection from illegal grazing and poaching. The State of Rajasthan had earlier also deployed one company of RAC at Sariska Tiger Reserve in 2005 but withdrew it in the year 2008.
Learned Amicus Curiae, has submitted that this being the rainy season, is the time of illegal grazing of cattle, RAC is required to be deployed at the earliest so as to avoid any serious threats to the tigers. It is argued that the suggestion given by the State Government through the Additional Chief Secretary (Home) and learned Additional Advocate General, that in place of the RAC, Border Home Guards can be deployed at Sariska Tiger Reserve and Mukundara Hills Tiger Reserve, can also be accepted. (Downloaded on 07/09/2019 at 09:19:12 PM)
(13 of 52) [CW-2627/2019] Learned Amicus Curiae, submitted that presently there is a shortage of 1041 forest guards in the forest department. The requisition has been sent to the State Government long back but the Rajasthan Subordinate and Ministerial Services Selection Board has not made the selection of the forest guards for last so many years.
Learned Amicus Curiae submitted that the Sariska Tiger Reserve had a flourishing population of tigers before their complete and shocking extinction in the year 2005 owing to poaching. After much efforts, the Forest Department of the Government of Rajasthan has now shifted approximately 17 tigers from Ranthambhore Tiger Reserve to the Sariska Tiger Reserve again, which has not only eased pressure on Ranthambhore Tiger Reserve, but also helped in rehabilitation of the tigers to their new habitat. But unfortunately, after the rehabilitation, again 2 tigers namely ST-5 and ST-11 have died because of poaching last year. In December, 2018, the rehabilitated tigress ST-10 had given birth to 3 cubs, but unfortunately the three tiger cubs are now missing and have not been spotted by the tracking party since December, 2018 and are now feared dead. There is lack of proper surveillance, patrolling and tracking of the tigers at Sariska Tiger Reserve in order to rehabilitate and protect them. One tiger named "Pac Man" T-85 was found dead on a 'kuccha' road which was just 8 kilometers away from the forest check post and still the body of the tiger could not be noticed by the forest officials, which may be either due to inadequacy of patrolling staff or because of lackadaisical attitude of the department. He submitted that the State Government may be directed to immediately replace the (Downloaded on 07/09/2019 at 09:19:12 PM) (14 of 52) [CW-2627/2019] outdated VHF radio collars with GPS enabled collars for proper surveillance of the tigers.
Mr. Pradeep Chaudhary, learned Amicus Curiae, submitted that there are approximately 25 villages in Sariska Tiger Reserve and 14 villages in the core area of newly established Mukundara Hills Tiger Reserve. These villages situated in the tiger reserve areas, are yet to be relocated. They are the main threat to the ecosystem of the entire tiger reserve. The Government of Rajasthan in the Forest Department have evolved a scheme of shifting the villagers and adequate compensation of Rs.10 lakh or a rehabilitation package is being given to such villagers. Each village, which is being shifted under the scheme, can either take compensation in cash or can have the same in the shape of package by way of allotment of land for residential houses and agriculture land. There is urgent need for expediting the process of shifting by proper implementation of the scheme, enhancement of compensation, if need be, and by making sure that villagers, who have shifted after receiving compensation, may not come back and occupy the same villages again. It is submitted that the villagers who are not interested in voluntary shifting, can be shifted after acquiring their lands under Section 25 of the Act of 1972 and the villagers can be shifted elsewhere.
Mr. Pradeep Choudhary, learned Amicus Curiae, further submitted that in fact there are many roads passing through both the tiger reserves, i.e., Sariska Tiger Reserve and Mukundara Hills Tiger Reserve, therefore, the Government may be directed to close all such roads and instead construct bye-passes and till then stop the entry of private vehicles. It is submitted that this Court should not only examine the issue of protection of tigers in these (Downloaded on 07/09/2019 at 09:19:12 PM) (15 of 52) [CW-2627/2019] matters but also the preservation and increase in the flora and fauna throughout the State of Rajasthan. The Satiska Tiger Reserve has a greater threat from deforestation and illegal mining. Therefore, the NTCA may be directed to provide a company of Ecological Task Force with immediate effect.
Mr. Siddharth Bapna, learned counsel for petitioner in Writ Petition No.2627/2019, has highlighted the issue of relocation of about 25 villages existing in the core area of Sariska Tiger Reserve. He submitted that despite so called effort by the State Government for last 20 years, only 3 out of 28 villages, could be relocated, which process is required to be expedited. In fact, a Special Empowered Committee constituted in 2005 had highlighted the need for immediate relocation of the villages from the core area. If that is not done, the respondent-State Government may be required to invoke the provisions of Section 25 of the Act of 1972. Learned counsel for petitioner has also highlighted the problem of illegal cattle grazing which has caused serious damage in the stress hormone in tigers, affecting their ability to reproduce. This explains why the tiger population could not grow in Sariska Tiger Reserve. Another significant argument raised by him is about under staffing. Lack of availability of trained forest guards is so acute that presently only 1/3rd of the prescribed manpower is working in the Sariska Tiger Reserve, which wholly inadequate to patrol the forest, stop poaching, stop illegal encroachment and to curb illegal cattle grazing in the core area of the forest covering almost 866 square kilometers of area.
Mr. Siddharth Bapna, learned counsel for petitioner, has also expressed that there is urgent need of constituting Special Tiger Protection Force. Till Special Tiger Protection Force is constituted (Downloaded on 07/09/2019 at 09:19:12 PM) (16 of 52) [CW-2627/2019] specifically for Sariska Tiger Reserve, at least two companies of RAC be deployed in the area and the Central Government be directed to provide Eco Task Force for immediate deployment at the Sariska Tiger Reserve for regeneration of degraded forest due to over grazing, lopping and encroachment of the forest.
Mr. Siddharth Bapna, learned counsel, further submitted that there are about 61 mines operating within 500 meters of the periphery of Sariska Tiger Project. Further there are 24 mines operating in Jamwa Ramgarh Sanctuary, which is also a buffer of Sariska Tiger Project. All these mining activities should be immediately stopped.
Learned counsel submitted that time and again the forest officials and guards are beaten up and pressurized by political figures in order to ensure that they do not take action against the intruders and encroachers. Section 144 of the Cr.P.C. has never been enforced by the District administration in spite of several requests by the Forest Department. The respondent authorities have not carried out the orders of the Supreme Court prohibiting free plying of commercial vehicles passing through the Sariska Tiger Reserve. When the forest officials tries to stop such vehicles, they are threatened of dire consequences. He further argued that forest staff should be provided firearms and a wildlife crime cell should be established, using of latest GPS technology powered collars for tigers. Free plying of commercial vehicles in Sariska Tiger Reserve should be immediately stopped.
Mr. R.P. Singh, learned Additional Advocate General appearing for the State, has submitted that out of 29 villages 3 villages have been completely relocated from Sariska Tiger Reserve, relocation of 6 villages is in process presently. Out of 973 (Downloaded on 07/09/2019 at 09:19:12 PM) (17 of 52) [CW-2627/2019] families in these 9 villages, 664 families have relocated while 92 are in process, whereas 217 families have not yet given their concurrence for relocation. It is further submitted that after relocation of above villages, about 400 square kilometer area would be available as inviolate space. It is submitted that lack of financial resources has also been a constraint in ensuring the relocation. Moreover, there is a demand for increase in compensation, which in the past has also hampered the process.
Mr. R.P. Singh submitted that according to the parameters laid down by the State Level Empowered Committee constituted by the State Government in 2005 after the disappearance of tigers in Sariska Tiger Reserve and subsequently recommendations by a sub-committee of State Board of Wild Life in January, 2015, suggested that a total strength of 350 forest guards is required for the present area of Sariska Tiger Reserve. Currently the sanctioned strength is only 139, of which 44 are vacant. The deployment of the Special Tiger Protection Force is in process, which would provide another 108 field staff making upto a total of
147. Accordingly, there is a short fall of 103 field staff in Sariska Tiger Reserve. However, immediate support in terms of field staff can be given by deploying Border Home Guards against these 103 posts proposed to be created till these posts are filled up through regular recruitment. It is submitted that the annual requirement of funds for deployment of Border Home Guards is Rs.371 lakhs. Retired ex-servicemen can be deployed against existing vacancies as an interim measure. The NTCA should be required to reimburse the expenses of deploying Boarder Home Guards till the formation of STPF.
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Mr. R.P. Singh, learned Additional Advocate General,
submitted that guidelines of National Tiger Conservation Authority, dated 05.02.2009 listed the provisions for constitution of Special Tiger Protection Force as per the police model. Further guidelines dated 09.01.2013 listed the provisions for constitution as per forest model. Highlighting the present stage of Special Tiger Protection Force in Ranthambhore Tiger Reserves, he submitted that MOU was signed with the NTCA on 06.12.2010. Recruitment by police department on police model was done in the year 2015. The Special Tiger Protection Force is partially functional since September 2015. One Sub Inspector and 75 Constables are presently working in the Special Tiger Protection Force of Ranthambhore Tiger Reserve. As regards Sariska Tiger Reserve, the MOU was signed with NTCA on 10.01.2018. Recruitment of 81 forest guards as per forest model is proposed through the appointing authority. Recruitment proposal has been sent to the Government through the PCCF HoFF on 28.06.2019, which is under process. 27 Forest Watchers will be selected through EDC or NGOs from local dwellers. As regards the Mukundara Hills Tiger Reserve, the MOU is yet to be signed by the NTCA as per the forest model although it has been sent by the Government of Rajasthan. In the meeting of NTCA technical committee dated 11.04.2019, the proposal was approved subject to the condition that Special Tiger Protection Force approved for the Sariska Tiger Reserve is operationalized. Recruitment proposal has been sent to the PCCF HoFF on 28.06.2019, which is also under process. It is submitted that till the Special Tiger Protection Force is in place, the NTCA has been requested to provide for Border Home Guards in the APO. Recruitment of these staff for Sariska Tiger Reserve (Downloaded on 07/09/2019 at 09:19:12 PM) (19 of 52) [CW-2627/2019] and approval of the MOU by NTCA for Mukundara are the actions which require immediate attention.
As regards direct recruitment of field posts in Forest Department, learned Additional Advocate General, submitted that the Rajasthan Public Service Commission has issued notification on 04.04.2018 inviting applications for 99 posts of ACF and 70 posts of Ranger Gr.I. Thereafter, vide letter no.2971 dated 12.09.2018, additional 35 posts of Ranger Gr.I were also included for revised notification. The State Government vide letter dated 02.07.2019 has asked for revised bifurcation of posts including MBC and economically backward class for revised notification. The Forest Department has sent the revised quota-wise bifurcation of posts to the State Government for issuance of fresh notification for above posts. Reference was made to requisition sent by the Forest Department to the Rajasthan Subordinate and Ministerial Service Selection Board on 26.03.2018 for recruitment of 1041 forest guards, 87 Foresters, 99 Drivers and 43 Surveyors. On the direction of the State Government, the PCCF (HoFF), Rajasthan, Jaipur, vide letter dated 05.07.2019, has made Deputy Conservator of Forest (Non Gazetted Section) as Nodal Officer for speeding up the process of recruitment.
As regards the radio collaring of tigers with latest GPS collars, it was submitted that the old collars are being gradually replaced. The collars are fitted to problematic animals or translocated animals or for research purposes. As regards the Ecological Task Force, learned Additional Advocate General, submitted that it is a Government of India funded unarmed ex- servicemen force raised for the sole purpose of afforestation. The Government of India may be approached for raising Ecological (Downloaded on 07/09/2019 at 09:19:12 PM) (20 of 52) [CW-2627/2019] Task Force for development of habitat in the Tiger Reserves separately.
Mr. Rajiv Swaroop, the Additional Chief Secretary, Home, Government of Rajasthan, submitted that the R.A.C. Jawans are trained to deal with law and order situation. They are kept in reserve for emergent situations to be deployed when needed urgently. In his view, it would be ideal to deploy Border Home Guards instead to protect the sanctuaries.
Mr. R.D. Rastogi, learned Additional Solicitor General appearing for the National Tiger Conservation Authority, has submitted that Special Tiger Protection Force has been made operational in the State of Karnataka (Bandipur Tiger Reserve), State of Maharashtra (Pench, Tadoba-Andheri, Nawegaon-Nagzira Tiger Reserves), State of Rajasthan (Ranthambhore Tiger Reserve) and State of Odisha (Similipal Tiger Reserve), with 60% central assistance under the ongoing Centrally Sponsored Scheme of Tiger. As regards deployment of Eco Task Force by Central Government, learned Additional Solicitor General, submitted that it is meant only with the activities relating to conservation of forest, and afforestation. It has no role to play in tiger conservation activities and for checking the poaching. He stated that till the Special Tiger Protection Force is provided for protection of tigers, the State must take steps for immediately providing Rajasthan Armed Constabulary or Border Home Guards. At the same time, efforts should be made by the State of Rajasthan to immediately fill approx 1042 vacant posts of forest guards in the State of Rajasthan.
As regards the issue of relocating the villages falling in the core area of Sariska Tiger Reserve, learned Additional Solicitor (Downloaded on 07/09/2019 at 09:19:12 PM) (21 of 52) [CW-2627/2019] General, submitted that these activities fall within the domain of the State Government. The State Government may be required to immediately prepare a time bound programme in relocation of the villages falling in the core and buffer areas of the forest. He further submitted that the traffic passing through the Sariska Tiger Reserve should be stopped and till the complete traffic is stopped, the arrangement should be made in such a manner so that entry of private vehicles is regulated in order to protect the animals from any untoward accidents. For this purpose, a bypass road may be constructed to connect the road going towards Alwar so as to avoid entry of all vehicles in the national park.
As regards the monitoring systems for tiger for tracking their movement, Mr. R.D. Rastogi, learned Additional Solicitor General, submitted that the NTCA has already suggested for modernizing infrastructure and field protection, besides launching "Monitoring System for Tigers' Intensive Protection and Ecological Status (M- StrIPES)", an android application based protocol for effective field patrolling and monitoring, besides collecting data for the all India Tiger Estimation. The State Government may also be directed to replace outdated VHF radio collars with GPS enabled collars for proper surveillance of the tigers.
We have given our anxious consideration to rival submissions and perused the material on record.
Extinction of tigers in Sariska Tiger Reserve was considered as an unprecedented crisis. The Government constituted a State Empowered Committee of Forest and Wildlife Management (SEC) in February, 2005 under the Chairmanship of Mr. V.P. Singh, the then Member of Parliament, to review the problems of conservation and management of wildlife in Rajasthan. The (Downloaded on 07/09/2019 at 09:19:12 PM) (22 of 52) [CW-2627/2019] Special Empowered Committee (for short, 'the SEC') was not merely entrusted with the task of examining the issues relating alone to Sariska Tiger Reseve but the conservation and the management of the wildlife in the entire State of Rajasthan. The other members of the SEC were Mr. Bharat Singh, the then MLA, Digod (Kota), Mr. Valmik Thapar, the then Member, National Board for Wildlife, Mr. Rajpal Singh Tanwar, the then Member, Rajasthan State Wildlife Board, Ms. Belinda Wright, the then Executive Director, Wildlife Protection Society of India, Dr. V.B. Mathur, the then Professor, Faculty of Wildlife Sciences Wildlife Institute of India and Mr. R.P. Kapoor, the then Principal Chief Conservator of Forest as Member Secretary. The SEC made an in-depth study into all the problems afflicting various national parks and the wildlife sanctuaries of the State, especially, Sariska Tiger Reserve and Ranthambhore Tiger Reserve. It made a series of recommendations for stemming the rot and enhancing the management effectiveness for wildlife management both at the park and the State level. It is regrettable to note that most of these recommendations have not been acted upon despite lapse of one-and-a-half-decade.
In fact, the Government of Rajasthan, in order to enquire into incidents of poaching in Ranthambhore Tiger Reserve and examine management deficiencies and suggest improvements in management structures, had set up a one-man enquiry committee headed by Mr. R.S. Kumat, then Senior I.A.S. Officer, way back in 1992, which submitted its report in August, 1992. The Kumat Committee examined the issue of poaching in great details and many other aspects and made several recommendations. The SEC examined the current status of implementation of the (Downloaded on 07/09/2019 at 09:19:12 PM) (23 of 52) [CW-2627/2019] recommendations of the report and concluded that some of them have partially been implemented and some recommendations have not at all been acted upon. The SEC also reviewed the recommendations made by the Rajasthan Wildlife Advisory Board pertaining to Sariska, Ranthambhore and Keoladev National Parks between 1980 to 1998. It noted that during the long period of 16 years, only 10 meetings were conducted. The SEC further noted that several recommendations were made but most of the important recommendations were not implemented. Surprisingly, the SEC in its report noted that there had been no meeting of State Wildlife Advisory Board since 1998. After amendment to the Wild Life (Protection) Act, the State Wildlife Advisory Board was reconstituted, which was now Chaired by the Hon'ble Chief Minister of Rajasthan. The SEC reiterated significance of the State Wildlife Advisory Board as a key body in giving policy directions and monitoring various aspects of the wildlife and management of the protected area in the State and highlighted the need for it to take a pro-active role in wildlife conservation. The SEC in its report summarized the administration and governance in the following terms:-
"The PAs have a shortage of frontline staff. The average age of the existing strike force personnel would be well above 40, as there was no recruitment of staff in the last twenty years. This is in sharp contrast to the Police and the Army that have a regular recruitment exercise.
Staff meant for protection has also got to manage tourism, research and activities like control of pilgrimage traffic. Considering the vastness of the areas and the diversity of responsibilities, the staff is neither trained nor adequate, to take on the challenges.
The beats of the forest guards are unevenly spread out and may range from 10-15 Km2. In addition, presence of predators and armed intruders engaging in illicit (Downloaded on 07/09/2019 at 09:19:12 PM) (24 of 52) [CW-2627/2019] fuelwood collection and livestock grazing activities, makes individual patrolling all the more difficult.
Meagre or inadequate staff welfare measures and lower motivational levels of the frontline staff leads to ineffective performance.
VIP and VVIP protocol duties related to both official and non-official visits, takes a lot of time of officers and frontline staff, which could be effectively used for crucial PA management activities.
There is an undue delay in sanction and release of funds to the PAs which impairs park management activities.
There is no mechanism for ploughing-back tourism revenues earned by the Pas.
Research is essential for proper management. There has been little attention paid to it. The staff involved is neither inclined nor trained to meet the research and monitoring needs of the park and they have to perform a variety of other duties as well.
Almost all the protected areas are deficient in infrastructure like vehicles for patrolling and fire fighting, effective wireless networks, arms and ammunition etc. in order to challenge the well armed poachers.
Intelligence gathering networks through liaison with police and local informants is absent."
The SEC, in its report, concluded that owing to various factors, there was a complete breakdown in administration and monitoring of the park insofar as the tiger was concerned. Neither the Field Director, Sariska Tiger Reserve nor the immediate supervisory officers of the State could detect the decline in the number of tigers. The Project Tiger Directorate with all its specified protocols and the modern reporting systems also proved to be woefully lacking, and therefore these inputs from Project Tiger came to naught. In fact, the early warning systems created by the Project Tiger failed to deliver. The SEC in its report (Downloaded on 07/09/2019 at 09:19:12 PM) (25 of 52) [CW-2627/2019] identified following key factors that contributed to the disappearance of tigers in Sariska:-
"1. A stack, complacent, negligent and ineffective management team failed to enforce the basic forest and wildlife laws to render effective protection to the tigers and other major species.
2. The adversarial relationship with the villagers severed all information links which resulted in no intelligence gathering.
3. The villagers did not cooperate with the FD; instead, they cooperated with the poachers for eliminating the tiger as tigers were known to depredate their livestock.
4. Outdated, unreliable and unscientific approach for the counting of tigers was adopted. The traditional Pugmark method adopted for counting is based on the premise that individual animals can be identified from pugmark measurements. However, the method has not been considered scientific because of some inherent flaws in the underlying assumptions of the pugmark method. The park management despite the advances in the field of estimation of the populations of tigers and its prey relied on the traditional methods. The results generated by the traditional methods were rarely verified by the senior authorities. There was no well established independent verification method. The estimates submitted by the DFO were taken as the truth and were further reported to the higher officials and these officials wee unable to react or verify the actual reality.
5. The park authorities constantly denied the decline and eventual disappearance of the tigers. Thus the vital opportunity to take timely corrective action was lost due to the failure to accept the truth."
Unfortunately, most the problems that were identified by the SEC one-and-a-half-decade ago continues to be relevant even for today. This shows the lackadaisical and indifferent approach of the Governmental authorities in solving the issues pending since long time. The SEC in its reports highlighted that the Sariska Tiger Reserve faces immense biotic pressure from the people and cattle living in the villages situated inside the Sariska Tiger Reserve and (Downloaded on 07/09/2019 at 09:19:12 PM) (26 of 52) [CW-2627/2019] on the periphery. This resource dependence has led to large scale deterioration and degradation of the habitat. Reference was made to human and livestock population residing in these villages and depend entirely on the forests of Sariska Tiger Reserve. Reference was made to 28 villages containing nearly 12000 humans and 35000 cattle, located inside the Sariska Tiger Reserve, the inhabitants of which are totally dependent on the forests of Sariska Tiger Reserve for their daily requirement of fuel wood, fodder, thatch etc. It was also stated that around 170 odd villages having more than 1.5 lakh people and 2,75,000 cattle, are located in the Sariska Tiger Reserve, which are also to a large extent dependent on it for their daily supply of fuel, fodder and other timber products of forest. The SEC in its report mentioned that the business of Alwar milk cake is also creating biotic pressure from the people and their cattle living in and around the park. The strong lobby has been formed to ensure that their thriving business continues in the absence of the tiger.
The SEC also acknowledged the pressure of mining activities on the resource of Sariska Tiger Reserve. It noticed that the status of land records in the STR is deplorable. It was divided into 84 blocks of which only 50 blocks have been notified under the Rajasthan Forest Act, 1953 and 13 blocks are pending notification. The remaining 21 blocks have not been notified under the Rajasthan Forest Act and the area under these blocks is 604.97 kilometers. In fact, these blocks were managed as Reserve Forest in the erstwhile Alwar State, yet they were not notified under the Rajasthan Forest Act, 1953. A large number of mining units, both small and bigger, have been operating in this area. The SEC also noted the problem of huge traffic on the State Highways. Two (Downloaded on 07/09/2019 at 09:19:12 PM) (27 of 52) [CW-2627/2019] State Highways no.13 and 29A pass through the Park, which links Sariska to Tehla. There is heavy and continuous traffic on these roads, especially State Highway No.13. On an average 2000 vehicles ply on State Highway 13 and 10 government roadways buses ply on the road from Sariska to Tehla daily. The problem of human resources was also highlighted by the SEC in its report. It mentioned that there are only 74 guards and 25 foresters who are entrusted with the job of protection of wildlife in STR, the area of which is spread over a huge area of 881 square kilometers. They are neither trained nor motivated for the job. The SEC found that there is an urgent need to increase the number of staff at the level of guards to 225 so that each of the 75 beats can be managed by at least 3 guards to make protection more effective. It noted that there has been no fresh recruitment at the level of guards and foresters for last 15 years. The average age of the guards and foresters working in the reserve is above 45 years. These people have limited physical ability and cannot cope with the demands of the job. The report of the SEC mentioned that funds provided for development of the protected area and surroundings are wholly inadequate. The actual funds released by the Central Government are low in comparison to the Annual Plan Operation, which are generally received in second-half of the financial year, therefore, cannot be utilized resulting in lapse of funds. It also mentioned that there is a temple called 'Pandupole' located deep inside the reserve. Every year lakhs of devotee come to visit the temple. There is immense pilgrim traffic in the rainy season. Unlike other PAs in the country which are closed between 1 st July and 30th September, Sariska Tiger Reserve remains open on Tuesdays and Saturdays even during this period. The problem is compounded (Downloaded on 07/09/2019 at 09:19:12 PM) (28 of 52) [CW-2627/2019] during the annual mela when lakhs of pilgrims arrive. It adversely affects the sanctity of the reserve causing unwarranted disturbance to the ecosystem. It mentioned that there is 'Nahar Shakti Mata' temple inside Sariska, which was originally a small forest deity. Inexplicably, a huge temple was constructed on the site in the year 1998 and therefore recommended that an enquiry into how the temple was constructed and expanded in violation of Forest Conservation Act and without obtaining the concurrence of the National Board of Wildlife. The SEC suggested a complete protection plan for the Sariska Tiger Reserve by creation of new 'nakas/chowkies' and reorganizing the jurisdiction of the existing ones, which included range of Sariska and Talvriksh Ranges. It recommended for setting up anti-poaching camps. The SEC finally made following 18 recommendations for Sariska Tiger Reserve:-
"1. The rehabilitation of the villages in STR should take place with utmost priority (Pls. See rehabilitation plan in Chapter 5)
2. Jamua Ramgarh a WLS adjacent to STR must come under the administrative control of the Field Director, STR. A rehabilitation plan for the villagers in this sanctuary should be formulated as soon as possible.
3. The responsibilities and roles of Field Director and the DFO should be properly and clearly defined. We recommend that the DFO should be the Field Director in charge of the park and who is responsible for the day to day management.
4. The Conservator of Forests is the supervisory and controlling officer for the management. His job is to supervise and guide the DFO in discharging his duties effectively. The Headquarters of both the officers should not be at the same place as it is administratively not conductive for proper functioning of both the officers.
5. A Scientific Officer should be placed with the Field Director, to coordinate and conduct all scientific studies. He should be fully trained in wildlife biology.(Downloaded on 07/09/2019 at 09:19:12 PM)
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6. The Field Director is responsible for conduct of all types of animal surveys and monitoring mechanism for both predators and their prey. The protection staff should not be involved in the scientific studies. External agencies like NGOs, colleges, university and college lectures and students should be utilised. It will give a free hand to the Field Director and it adds to the credibility of the monitoring. Moreover the protection will not be affected.
7. The habitat of the park is suitable for tigers. Once the existing disturbances are reduced, it will be excellent habitat for the reintroduction of tigers. But before that the village rehabilitation should be carried out first on priority and in a time bound manner. A Rehabilitation Cell consisting of one ACF, one Range Forest Officer, one Forester and two Forest Guards under the direct supervision of the Field Director should be created. The FD is responsible for the time bound rehabilitation plan. Till people are rehabilitated, identity cards with each owners cattle numbers listed should be provided to the people living within STR.
8. As we understand there is a viable population of leopards in the STR and this population needs full protection. The thorough investigations of the poachers and the feedback given by the field researchers suggests that poisoning of the cattle kill by the people as a retaliatory measure to eliminate the tiger was partially responsible for the disappearance of tigers in Sariska. In the year 2003-04 there were 9 cattle kills reported to the department. In the year 2004-05, 15 cases of cattle kills were reported. No compensation was paid to the villagers, with the plea that as per rules no compensation was payable to the cattle killed within the sanctuary area. Hence a system of cattle insurance should be introduced. Such schemes are in operation for the last 4-5 years in the Snow Leopard conservation areas of Himachal Pradesh. There should be an appropriate reward mechanism for the informants of cattle kills. If the kill is reported within 24 hours a reward of Rs.500, Rs.300 if it is reported in 48 hours and 100 if reported in 72 hours. This might help the department to monitor the kills and eventually stop the carcass from being poisoned, it will also speed up the process of compensation.
9. The pilgrims visiting Pandupole should be regulated. This facility was extended to all the pilgrims without any restrictions. As a result the number of vehicles, and the pilgrims entering the park has gone up to unmanageable limits. There is no adequate parking space for the vehicles. The vehicles are parked all along the road, blocking the way of the animals, and denying the animals access to the water holes. This excess (Downloaded on 07/09/2019 at 09:19:12 PM) (30 of 52) [CW-2627/2019] pilgrim pressure is detrimental to the park. The SEC recommends that:
People who wish to visit the place of worship should be treated as tourists, and they should pay the entry fee as per the existing rules.
Registered Vehicles, (preferably owned by relocated villagers) should be used for the transportation. This will reduce the vehicular traffic inside the park. There is little space for parking of vehicles, the place is sufficient for parking 20 cars/jeeps or 5 LUVs. The parking of vehicles all along the road should be strictly banned.
The free entry on Tuesday and Saturday should also be banned.
The temple is situated inside the park and is being managed by a trust, the Department is not member of the trust. It should be a member of the trust. It will give the department an opportunity to effectively manage the activities within the sanctuary area.
10. There is a state highway passing through Sariska.
This road was found unsuitable and detrimental to the park. An alternate route deviating from Kushalgarh to Tehla ka bas via Narayanpur was constructed. Because of the commercial interest of the Thanaghazi villager the matter entered into legal battles. The Hon'ble High Court of Rajasthan directed the State Government of Rajasthan to constitute a committee to look in to the pros and cons of the road and take an appropriate decision. We recommend that a committee should be constituted and the matter decided at the earliest. The SEC has examined in detail the alternative highway and recommends the diversion of traffic through it immediately.
11. The SEC feels that the management plans should be the basis for management of the park. The park authorities should try and implement all the activities proposed in the management plan. Necessary resources required should be mobilized from governmental and non-governmental sources. The non adherence of the management plan should be recorded and a detailed report should be submitted to the Government every six months. The park authorities should publish an annual report and make it available to the public.
12.The STR legally consists of 84 notified Forest Blocks. The boundary pillars demarcate the forest blocks from the adjoining revenue areas. The SEC observed that out of 84 Forest Blocks, 32 Forest Blocks do not have the pillars details. For the remaining 52 Forest Blocks 3814 pillars are to be erected. So far only 868 pillars have (Downloaded on 07/09/2019 at 09:19:12 PM) (31 of 52) [CW-2627/2019] been erected, 2946 pillars are yet to be erected. This lack of clear cut boundary demarcation has resulted in numerous disputes. The illegal mining activities are because of the poor demarcation. The SEC feels that the demarcation process should be completed in a time bound manner. The work should be taken up on a priority basis.
13. The notified areas of Sariska are 881.00Kms. The SEC observed that out of 881 kms, 543.34 kms (approximately 65%) of forest land still remained unmutated. This poor records position is leading to many legal complications. The Hon'ble Supreme Court from time to time has given directions to complete the finalization of rights and concessions and complete the final notifications. It is high time that the park authorities complete the process within the coming year. The completion of entries in the land records should be monitored on a regular basis. The PCCF Working Plans and Forest Settlement should monitor this and get the process completed. The PCCF (WPFS) should be made responsible for the completion of recommendations 12 and 13.
14. The present forest guard training facility (See Annexure 8.2) at Alwar needs to be revamped with a focus on wildlife training so that the entire staff in Sariska can take advantage of this facility.
15. Immediately plough back all eco development surcharges that have accumulated towards Sariska's protection.
16. Create a special body of independent experts to provide research and monitoring ideas for STR.
17. A special protection plan which utilizes armed police, strike force and patrolling forest guards in order to seal the very vulnerable periphery of STR is given in Box 2.3.
18. A management committee to be created for STR which includes village representatives, local NGOs and any other individuals who may have expertise of the area."
The SEC in its report separately dealt with Ranthambhore Tiger Reserve, which is spread over 1394.48 square kilometers of a dry deciduous forest and in a unique area where two hill systems meet, namely, the Aravallis and the Vindhyas. It recognized that the tiger poaching is a reality faced by the (Downloaded on 07/09/2019 at 09:19:12 PM) (32 of 52) [CW-2627/2019] country. The extinction of tigers in Sariska Tiger Reserve sent warning signals to Ranthambhore since there were indications of collusion between poachers in both protected areas. There was also biotic pressures and resource dependence in Ranthambhore Tiger Reserve. On human resources, the SEC found that there are 63 sanctioned posts in DCF (Core) and 31 in DEC (Buffer) of Forest Guard, 19 posts sanctioned posts in DCF (Core) and 6 in DCF (Buffer) of Assistant Forester, 15 sanctioned posts in DCF (Core) and 8 in DCF (Buffer) of Forester and 6 sanctioned posts in DCF (Copre) and 6 in DCF (Buffer) of Range Officer (Gr.I & II). It further noted that the area under DCF (Core) is 640.01 kilometers and that under DCF (Buffer) is 754.46 kilometers. Thus the area per forest guard is 10.15 kilometer in the Core division and 24.34 kilometer in the Buffer division. Average area for forest guard in Ranthambhore Tiger Reserve comes to be 14.83 square kilometers. It further noted that many forest guards are engaged in activities like manning the wireless stations, barriers and tourism duties. Thus, the effective strength of forest guards who are engaged primarily in protection duties in the reserve comes down to approximately 70. Moreover, the average age of forest guard and other front line staff is around 48 to 50 years, which causes serious limitations in dealing with poachers.
The SEC noted that the allocation of funds to Ranthambhore Tiger Reserve is far less than those projected in the approved Management Plan. The pattern of funding is hundred percent in case of the non-recurring part of the APO and 50:50 (Center :
State) in case of the recurring part. It becomes thus necessary to obtain a matching share from the State Government in order to spend complete appropriation under the recurring expenditure (Downloaded on 07/09/2019 at 09:19:12 PM) (33 of 52) [CW-2627/2019] component, which is generally not made available. When it is made available, it is at the fag end of the financial year when little time is left to meaningfully utilize the funds for their intended purpose. The SEC in point No.2.3.5 dealt with tourism related pressures and at that time noted the aggressively increase therein in Ranthambhore National Park. Number of tourists, which was 55999 (28625 Indians, 25424 Foreigners and 1950 Students) in the year 1999-2000 raised to 130196 (49044 Indians, 73905 Foreigners and 7247 students) in 2004-2005. The total revenue earned in the year 1999-2000 was Rs.92.94 lakhs towards entry fee, which includes the eco-development surcharge, and that was raised to Rs.215.53 lakhs in the year 2004-2005. The report noted that the carrying capacity of the park for tourism has been determined in terms of number of vehicles. 70 vehicles are allowed per day of which 40 are canters and 30 are gypsies. The report further noted that there were five temples located in the Ranthambhore Tiger Reserve. Approximately 7 to 8 lakh people visit the Ganesh Temple during the 'mela' period and more than 15-20 lakhs people visit it in a year. The SEC recommended that the 'parikrama' inside the core are of Ranthambhore National Park must be stopped with immediate effect. It further noted that a fairly recent phenomenon, this practice is extremely dangerous for the pilgrims and very disturbing for wildlife. An alternative 'parikrama' for the pilgrims around the upper periphery of the fort should be considered. If necessary, a steel footpath could be constructed around the back of the Ganesh temple so that visitors can circle the temple. At present, no entry fee is being charged from the pilgrims and their vehicles to enter the park but they should be required to pay the entry fee.(Downloaded on 07/09/2019 at 09:19:12 PM)
(34 of 52) [CW-2627/2019] It was way back in the year 2005 that the SEC observed that grazing problem in the Ranthambhore Tiger Reserve has attained ominous levels and if unchecked at this stage, the Ranthambhore Core area might go the Sariska way. It is like an army of livestock that enter the very fragile core area and plunder the biomass. The core area has severe grazing problems particularly in the three areas, on the eastern side the Indaladang and Khatola Valley region, on the western side the Anatpura, Bakola, areas and with less intensity near the Sawai Madhopur town. The villagers start entering the Park soon after the monsoon. They camp inside the park during the entire monsoon period and only go back to their villages sometime in December/January depending on the availability of the grass. The group size of the herds may range from 30-40 during the day time and the number becomes almost double as their relievers join them. When the forest guards tries to derive them out of the park, all the herdsmen gang up and resist.
They carry and use traditional 'lathis', axes and slings for attacking and scaring the staff and attack on the forest chowkis. The police and the staff have no legal power to take appropriate action as this can be done only at the level of the Magistrate. The Standing Committed headed by the Commissioner, Kota, constituted by the State Government to oversee the implementation of the various recommendations made in connection with the Supreme Court case, has failed to address the problem because of lack of responsibility on the part of the administration and the police. The Field Director has actual control of the park but is toothless in dealing with law and order problems. The Forest Department has been engaged in constant dialogues with the villagers to convince them about the importance of the park. A very few grazers, who (Downloaded on 07/09/2019 at 09:19:12 PM) (35 of 52) [CW-2627/2019] defy the law, get any punishment. The rich farmers of the area, who own large tracts of land outside along with large herds of buffaloes, instigated some of the poor villagers to do illegal grazing. To check the menace of uncontrolled grazing in RTR, the SEC made the following recommendations:-
"1. The FD should continue to work with the villagers in ecodevelopment works and try to develop alternatives to the present open grazing policy in the park. All focus should be on this.
2. The defunct, Sawai Madhopur Dairy project should be revived. The park should take up this dairy project as part of the integrated work of the park and stall feeding of livestock should be encouraged. It will certainly help the department in establishing better communication with the villagers. The integrated dairy project will help the poor farmers economically. The villagers residing near the park should get priority in the dairy development activities.
3. The fund generated with the village ecodeveloment committee should be utilised for the development of alternative grazing areas outside the park. It includes diary development which could improve the economics of the area. It is reiterated that all this work is to take place outside the National Park with the prime focus of keeping the area inviolate.
4. The existing staff is aged and cannot cope up with the strenuous nature of the job. Hence young forest guards and the work change staff should be posted for protection. To encourage them the staff posted in the field should be given additional incentives. They should be paid the entire allowances at par with the police, which includes an extra one month pay, mess allowance, dress allowance, extra family allowance and additional leave facility. The committee also recommends that this posting should be treated as hard duty and the staff should be given a posting of his choice, once he completes a minimum of three years work in the park.
5. The SEC recommends that a comprehensive study should be instituted on the nature of grazing, its impact on the park, the resource dependency of the people and the viable options for discontinuing this practice. This job should be entrusted to reputed research institute/NGO to study and suggest alternative options outside the tiger reserve for grazing.(Downloaded on 07/09/2019 at 09:19:12 PM)
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6. Until a comprehensive policy is developed and put in place, the SEC feels that the FD should get Police help, as and when required particularly during the grazing season. The SP Sawai Madhopur should provide a minimum of one company (30) of armed constables, from the district pool. At least 100 Policemen from the State reserve should also be made available, if necessary. The police party should be placed at the disposal of the DCF Core Ranthambhore.
7. Magisterial powers should be delegated to the Forest Officer not below the rank of ACF. The delegation of powers under the existing law is possible as, such delegations are generally done during the election time. Whenever the Special Police Force is deployed for special work, the FD shall bear the expenditure. For this purpose adequate provisions in the budget should be made."
The SEC finally made the following recommendations for Ranthambhore Tiger Reserve:-
"1.Rehabilitate all villages in Kela Devi Sanctuary in a time bound manner (see Chapter5). Declare 250 km 2 area as a core area of Kela Devi in order to provide state of the art protection.
2.Fill all vacancies and exchange if necessary young staff for the old staff.
3.Provide state of the art training for all staff by immediately creating a state of the art training centre at Alanpur nursery (see Annexure 8.3)
4.Relocate all four villages in Ranthambhore National Park to the agricultural farm outside Bodal (see Chapter
5).
5.Staff Welfare Fund must be strengthened and further developed.
6.Management Committee for Ranthambhore Tiger Reserve must be constituted which includes local village/panchayat representatives and locally registered NGOs.
7.A Legal Cell for dealing with cases must be established immediately.
8.The Forest Protection wall has played a dual role in protecting the habitat inside RTR and preventing will animals from damaging crops outside. The results in terms of habitat regeneration are excellent. One of the (Downloaded on 07/09/2019 at 09:19:12 PM) (37 of 52) [CW-2627/2019] walls to be constructed is from Keladevi to Chiri Ki Naroli and from Keladevi to Albatki.
Such walls should be constructed at all strategic points around RTF and the budged for the same should be sanctioned immediately.
9. Patrolling and anti-poaching camps need to be held regularly in peripheral areas like Bhoori Pahari, Sauta, Malarna Dungar, Devpura, Qualji Papra, Balbar, Lakheri, Laxmipura etc. The basic purpose of these camps is to keep an eye on the activities of the suspected poachers.
10. Installation of check barriers around RNP at Kushalipura, Malarna Dungar and Paligath and a series of barriers and now chowkis for Keladevi are required.
11. Creation of an anti-poaching squad at RNP which has a 24 hours working cycle and will focus on the outside areas. The staff required for this should include one range officer Grade-I and three forester, 12 forest guards and 15 cattle guards with all infrastructural facilities including mobility, wireless sets, 10 DBBL Guns and oen Revolver. This anti-poaching squad will report to the DFO Core.
12. Construction of Chowkis and Nakas in vulnerable areas in and around RNP i) Khatola; ii) Takiakui (at a height); iii)Khandose Ghati; (iv) Mirza Ghati; (v) Danaicha; (vi) Khora; and (vii) Nivari.
13. Interpretation Centre for visitors and village children must be constructed at the earliest to increase awareness of the area's natural and cultural heritage.
14. Science and Research protocols must be created and pursued vigorously in consultation with the states research committee.
15. Drill and Fitness Centre in the training centre will be essential to ensure the capacity of forest staff to conduct foot patrolling.
16. A Community Centre in the training centre has been envisaged to impart training to local villagers in protection measures for this area. (see Annexure 8.3)." The SEC in its report also denoted a complete Chapter for organizational re-structuring and human resource management in respect of the National Parks and Wildlife Sanctuaries in the State of Rajasthan. It referred to the report of the Jain Committee, (Downloaded on 07/09/2019 at 09:19:12 PM) (38 of 52) [CW-2627/2019] which suggested that one Forester is required for every 4 Forest Guard and one Range Officer is required for every 3 Foresters. It noted that as against the required number of 1434 posts of staff, there was only 508 staff available. Emphasis was laid on the need of training, coaching, assistance guidance and supervision of the wildlife/forest guards and other staff, which was virtually absent. The SEC also in Chapter IX of its report made many generic recommendations. It recommended for constitution of a steering committee for the two tiger reserves in Rajasthan and Keoladeo National Park, Bharatpur, under the Chairmanship of the Hon'ble Chief Minister of Rajathan, which shall comprise of four independent experts and a Vice-Chairman, who can take decision in the Chairman's absence, and Chief Wildlife Warden being its Member Secretary.
The Standing Committee of the State Board of Wildlife, which was Chaired by Mr. Ajit Singh, Ex-Director General of Police with Mr. C.S. Ratnasamy, Mr. Valmik Thapar, Mr. G.V. Reddy and Mr. D. Khandal, as the Members, submitted its report dated 21.04.2018 in regard to missing ST-5 and death of ST-11 tiger of Sariska Tiger Reserve, and made following recommendations:-
"a. That such things will occur till village relocation is done on a war footing from STR area.
b. A highly diverse intelligence network to be created in order to prevent illegal acts of snaring, poaching etc. c. Sariska strike force for better protection of area has been pending for 10 years, it must be created immediately.
d. A Wildlife Crime Cell to be created under CCF & FD STR with the sole purpose of preventing, detecting and investigating wildlife crime."(Downloaded on 07/09/2019 at 09:19:12 PM)
(39 of 52) [CW-2627/2019] Regarding missing of ST-5 tigress, which was eventually found dead, the Standing Committee made following recommendations:-
"Immediate required steps in relation for monitoring STR tiger's has been suggested by CCF and FD STR which include the following and the SC SBWL endorses it:
i. Radio collaring of all tigers, in total 9 tigers are to be r adio collared immediately with GPS enabled VHF collars.
ii. 24x7 monitoring of all tigers with individual teams working in shifts (note of CCF & FD, STR attached).
iii) WII Dehradun must sort out all technical problems with their signals and frequencies in order to ensure that when a signal is absent, there is no delay in informing the Rajasthan Forest department."
The Standing Committee noted that there were 18 recommendations for Sariska Tiger Reserve in the SEC headed by Mr. V.P. Singh, of which we have made detailed reference above, while recommendation no.2, 4, 10 and 11 have been fully implemented, recommendations no.9 and 15 have been only partially implemented and the rest are pending for 13 years. It therefore recommended that they should be implemented at the earliest for better management and protection of Sariska Tiger Reseve. The Forest Department was required to prepare a status report on why the recommendations of the V.P. Singh Committee report have remained unimplemented. Regarding the two tigers, the Committee again highlighted the urgent need of relocation of the villages on a war footing from the Sariska Tiger Reserve and it suggested for creating highly diverge independent network to prevent their illegal poaching and creation of STF tiger poaching. It also suggested radio collaring of all tigerswith GPS enabled VHF (Downloaded on 07/09/2019 at 09:19:12 PM) (40 of 52) [CW-2627/2019] collars. The Standing Committee made various recommendations for protection of tigers in the Wildlife, which are as follows:-
"Steps to mitigate the following problems:
i. STR is facing a grave crisis as there are 26 villages located inside CTH of STR which needs immediate relocation.
ii. There is rampant illegal grazing, lopping, trespassing and pilgrimage traffic in enormous number leading to heavy disturbance in STR. The stress level is so high that breeding of tigers has been seriously affected.
iii. Vested interest groups are highly aggressive and politically misguided, often resulting in law and order problems.
iv. The staff to manage the STR is inadequate to the extent of one third of the minimum assessed requirement. CWLW and PCCF (HoFF) to rectify on top priority at the earliest.
v. Immediate creation of inviolate area by making strategic physical barriers minimizing man-animal conflict. Preliminary plan by CCF & FD, STR is enclosed.
vi. It is also suggested that CWLW with CCF & FD, STR look at internal transfers and postings in order to create a fresh commitment in the staff.
vii. District Collector and SP to play much more pro- active role in this area for better management of law and order. RAC camps at critical points may be vital for the future.
viii. Anthropogenic studies will be an essential part of any future strategy in order to quantify the damage by lopping, grazing and trespassing into the park."
The letter dated 03.04.l2018 of the Chief Conservator of Forest-cum-Project Director, Sariska Tiger Project, Alwar, has been placed on record as Annexure-6 to Writ Petition No.2627/2019, which also highlights the urgent need of immediate recruitment and filling up the vacancies of forest staff. In fact, the letter also refers to the report of the SEC headed by Mr. V.P. Singh. It also mentioned the collective pressure by the villagers inside the Park (Downloaded on 07/09/2019 at 09:19:12 PM) (41 of 52) [CW-2627/2019] for illegal grazing and political pressure created for protecting illegal grazing and encroachment by them. The letter also suggest reorganization of the existing Akbarpur and Baleta range and creation of new forest divisions of the Sariska Tiger Reserve. It also highlighted immediate need for creation of STPF. The letter states that the main reason for delay in relocation of villages is that the cut off date 31.03.2008 has created lot of confusion as many persons, who are now 21 years of age apprehend that they may not be given the benefit of package on account of aforesaid cut off date. Reference is made to five previous letters for change in the cut off date.
The Member Secretary of National Tiger Conservation Authority, New Delhi, in its letter dated 06.05.2015, addressed to the Chief Wildlife Warden, Government of Rajasthan, Jaipur, also highlighted his impressions of visit to the Sariska Tiger Reserve on 3rd May, 2015, and shared the observations made about various recommendations vis-a-vis implementation thereof, with inadequate front-line staff, re-organisation in field administrative setup, regulating Pandupole Temple visitation, voluntary relocation of villages and mining activities around Sariska Tiger Reserve. In fact, Mr. Prakash Javadekar, the then Minister of State, Information & Broadcasting (Independent Charge), Environment, Forest & Climate Change (Independent Charge) and Parliamentary Affairs, Government of India, New Delhi, wrote a D.O. letter dated 10th November, 2014 to the then Chief Minister Smt. Vasundhara Raje, highlighting these very issues and solicited her intervention in the matter.
The Member Secretary, National Tiger Conservation Authority, New Delhi, on 09th September, 2014, wrote a letter to (Downloaded on 07/09/2019 at 09:19:12 PM) (42 of 52) [CW-2627/2019] the Chief Secretary, Government of Rajasthan, Jaipur, raising certain issues which were needed to be addressed on priority basis. The first issue was with regard to ongoing day to day monitoring of reintroduced tigers using radio telemetry, the urgent need of increase of staff strength of forest guard for Sariska Tiger Reserve in view of the total area of said Reserve being 1213 square kilometers (core - 881 square kilometers and buffer - 332 square kilometers), and the sanctioned forest guard strength only being 106. It was stated that since considerable legwork is involved, the strength of forest guards need to be increased at least by 100. It was also stated that at present this need is being met by deploying home guards, who do not possess the required technical expertise. The issue with regard to voluntary relocation of villages from the core area, control of livestock grazing, regulation of tourist entry, regulation of Pandupole temple visitation, addressing human-wildlife interface and protection fro encroachment/illegal mining, were also highlighted. The attention of the Chief Secretary of the State was invited for the propose to ply State transport buses from Sariska to Pandupole for facilitating the pilgrims, which has not been made operational. The Member- Secretary, National Tiger Conservation Authority, New Delhi, in the letter dated 4th December, 2010, addressed to the Principal Secretary, Forest Department, Government of Rajasthan, Jaipur, reiterated urgent need of relocation of villages from the core area and mentioned that out of 28 villages in the core area, so far only 1 has been relocated while the process is on for a few others. The process needs to be completed in months. He mentioned that six villages indicated in the letter were required to be resettled on priority basis followed by others. Small six villages in (Downloaded on 07/09/2019 at 09:19:12 PM) (43 of 52) [CW-2627/2019] Ranthambhore, referred to in the letter, were also required to be relocated on priority basis. The visitation of tourist and pilgrims and traffic to Pandupole temple was required to be regulated by using public transport on fixed timings. At present only 30% of the sanctioned field staff strength is in position, and filling up of front- line staff vacancies is urgent need. The Tiger Conservation Plan was required to be prepared based on the technical inputs from the Wildlife Institute of India and other experts. The Special Tiger Protection Force with central assistance was required to be put in place and till that happened there is urgent need of deploying of Border Home Guards instead of Home Guards to strengthen protection. A bypass in State Highway No.13 is required to be provided. 68 mines operating within 1 kilometer of Sariska boundary on non-forest land, are required to be reviewed by the State Mining Department for closure of in the interest of the tiger conservation. A monitoring station involving the team from the Wildlife Institute of India for daily collation of the spatial distribution of translocated tigers, besides recording technical research data essential for management, is required to be set up.
The Chief Conservator of Forest & Field Director, Sariska Tiger Project, Alwar, in the letter dated 09.11.2017 addressed to the Additional Principal Chief Conservator of Forest -cum- Chief Wildlife Warden, Rajasthan, Jaipur, highlighted the need of providing weapons to the forest guards and in that context, again referred to page 95 of the report of the SEC headed by Mr. V.P. Singh. The letter also stated that as per the mention made at page 22 of the aforesaid report, the area of the Sariska Tiger Reserve was 881 square kilometers, which has now been increased to 1213 square kilometers. There was need of minimum (Downloaded on 07/09/2019 at 09:19:12 PM) (44 of 52) [CW-2627/2019] 306 forest guards whereas there are only 106 forest guards. The Chief Conservator of Forest & Field Director, Sariska Tiger Project, Alwar, by letter dated 29.11.2017, mentioned about the recent incidents which took place on 21.10.2017 in Rotkyala chowki in Akbarpur range and on 18.01.2017 in Prithvipura forest area of Akbarpur range, where the poachers were caught by the forest guards fired at them and two of forest guards were injured. There were total 102 beats. Reference was made to the report of the SEC, which had suggested reorganization of 75 beats in 881.11 square kilometers area of Sariska Tiger Reserve and need for 225 forest guards, now because the increase in the buffer zone and other arrears, the total 1213.34 square kilometers area would require 102 beats, thus need of 306 forest guards was expressed.
The minutes of the meeting held under the Chairmanship of the Secretary (Environment and Forests), Ministry of Environment, Forest and Climate Change, Government of India, New Delhi, on 29.09.2008 was forwarded by the Member Secretary, National Tiger Conservation Authority, New Delhi, to the Chief Secretaries of all Tiger States. This has reference to the proposal emanating from the policy initiatives announced by the Finance Minister in his Budget speech of 29.02.2008, which, inter alia, contains the points relating to tiger protection. A one time grant of Rs.50.00 crore was provided to the National Tiger Conservation Authority for raising and deploying the Special Tiger Protection Force to address the sensitive issue of tiger protection. The minutes dated 29.09.2008 acknowledges that the paucity of front-line staff on account of ban on recruitment in most of the States has adversely affected the field protection. That further states that the proposal for STPF is on the lines of the India Reserve (IR) Battalion, as (Downloaded on 07/09/2019 at 09:19:12 PM) (45 of 52) [CW-2627/2019] advised by the Ministry of Home Affairs. The salient features of India Reserve Battalion were also mentioned. The said Force will not be an "Armed Force of the Union". The STPF would be under the overall control of the Field Director of the Tiger reserve and the NTCA would be providing 100% central assistance for raising, arming and deploying the said force. The recruitment would be done locally by the Police Department. A MOU (between the State of Rajasthan and the Central Government for constitution of STPF) would be formalized with States for using and operationalising the proposed STPF. The Member Secretary, National Tiger Conservation Authority, addressed a letter dated 11.08.2009 to the Chief Wildlife Warden(s), Uttar Pradesh, Uttaranchal, Rajasthan, Madhya Pradesh, Arunachal Pradesh, Karnataka, Maharashtra, Tamil Nadu, Assam, Orissa, with reference to his earlier letter dated 05.02.2009, sending the guidelines, along with the MOU format, for raising, arming and deploying the Special Tiger Protection Force (STPF) in tiger reserves with hundred percent central assistance from the Project Tiger. This letter mentioned that till date the States have not been in a position to make any progress in this regard owing to several reasons. A revised set of guidelines along with MOU was enclosed for needful. The States which are keen to constitute the STPF with Police Personnel based on the earlier guidelines, have the option to do so.
The Deputy Inspector General of National Tiger Conservation Authority, sent a letter dated 09.01.2013 to the Chief Wildlife Warden(s) of the States forwarding "Guidelines for constituting the Special Tiger Protection Force (STPF) - Option-II (comprising of forest personnel)" in supersession of guidelines issued vide letter (Downloaded on 07/09/2019 at 09:19:12 PM) (46 of 52) [CW-2627/2019] dated 11.08.2009, for necessary action and implementation. In response to the answer provided by the Deputy Conservator of Forest (Plan), Wildlife, Jaipur vide letter dated 29.01.2015 in response to a query in the Lok Sabha with a draft for approval and signature at the State Government level, the Deputy Inspector General, National Tiger Conservation Authority by letter dated 09.02.2015, requested the Additional Chief Secretary, Government of Rajasthan, Jaipur, to pursue the matter of signing of the MOU for fulfilling the said assurance given in the Lok Sabha. The Additional DGF (Project Tiger) & Member Secretary, National Tiger Conservation Authority, New Delhi, by his letter dated 25.01.2018, addressed to the Principal Secretary (Forests), Government of Rajasthan and PCCF & Chief Wildlife Warden, sent the copy of his tour note on visit to Sariska Tiger Reserve, Rajasthan, on 05.01.2018, highlighting the commercial activities in critical tiger habitat, feeding of wild animals, encroachment of revenue land after removing the vegetation, rampant lopping and grazing in critical tiger habitat and regulation of religious tourism. The CCF & FD, Sariska Tiger Reserve, Alwar, vide letter dated 02.07.2018, addressed to the APPC and CWLW, Rajasthan, sent a report of the analysis of forest crime scenario as recorded in last couple of years in the Sariska Tiger Reserve, which indicates that while there were 45% offences were pertaining to grazing, the second highest number was 29% of felling and lopping, 22% was of trespassing, 2% was of hunting of wild animals and 1% was others. It was observed that decreasing trend in the cases was observed in the recent past. The report also mentioned that 90% of the offences were compounded.
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(47 of 52) [CW-2627/2019] Upon detailed analysis of the entire material placed on record including correspondences between different authorities of the State Government and the NTCA as also the report of the State Empowered Committee, we find that most of the problems in the STR and the RTR, the two major tiger reserves of the State, are only those which have been persisting for last almost two decades. The proposal to deploy STPF in the tiger reserves emanated from the policy announced by the then Finance Minister in the budget speech of 29th February, 2008. The Secretary, Department of Environment and Forest, Government of Rajasthan, in the meeting chaired by him on 29 th September, 2008 impressed upon the State authorities to implement this. It is unfortunate that despite MoU executed between the State Government and the NTCA on 6th February, 2010, for deployment of STPF as against sanctioned strength of 108, only 1 Sub Inspector and 75 Constables have been deployed in the Ranthambhore Tiger Reserve, whereas the MoU in respect of Sariska Tiger Reserve was signed as late as on 10.01.2018 but till date the STPF has not been deployed. As regards the Mukundra Hills Tiger Reserve, the proposal for deployment of STPF by the Technical Committee was agreed in principle but so far the MoU has not been signed.
In view of what has been discussed above, both the writ petitions deserve to succeed and are hereby allowed with the following directions to the respondents:-
1. That the respondent-State shall immediately post the Border Home Guards in lieu of Special Tiger Protection Force, equivalent to the number of sanctioned strength thereof, in the Sariska Tiger Reserve, i.e., 108, and also post 32 Border Home Guards to the extent of shortfall as against the strength of 108 in Ranthambhore Tiger (Downloaded on 07/09/2019 at 09:19:12 PM) (48 of 52) [CW-2627/2019] Reserve, considering that 75 Constables and 1 Sub Inspector have already been deployed.
2. That the NTCA and the respondent-State shall proceed to immediately sign the MoU for deployment of STPF in Mukundra Hills Tiger Reserve, pursuant to decision of the Technical Committee of the NTCA dated 11.04.2019.
Pending finalization of that, the respondent-State shall deploy 108 Border Home Guards in Mukundra Hills Tiger Reserve.
3. That stop-gap arrangement to post Border Home Guards has been directed owing to failure of the State to raise the STPF despite the lapse of more than a decade. The respondent-State may approach the NTCA seeking budgetary support for deploying the Border Home Guards in lieu of the STPF.
4. That the NTCA shall deploy ecological task force in all the three tiger reserves of the State, namely, Sariska Tiger Reserve, Ranthambhore Tiger Reserve and Mukundra Hills Tiger Reserve, for the purpose of enhancing green cover of these tiger reserves and increasing the afforestation, with such number of staff, as may be, in consultation with the State Board of Wildlife, considered appropriate.
5. That considering that only 3 out of 28 villages could be relocated from the core area of Sariska Tiger Reserve during past 15 years and that the issue of relocation of the villages from Sariska Tiger Reserve, Ranthambhore Tiger Reserve and Mukundara Hills Tiger Reserve has all along been considered as essential step for their conservation in the past one-and-a-half decade, there is an urgent need for relocation of these villages and that relocation of the villages cannot now brook any further delay. The Principal Chief Conservator of Forest and the Chief Wildlife Warden are therefore directed to form different teams headed by (Downloaded on 07/09/2019 at 09:19:12 PM) (49 of 52) [CW-2627/2019] one Assistant Conservator of Forest with at-least four other members of the staff of the rank, whom they consider capable of dealing with the issue of relocation of the villages/villagers, in a time bound manner, by undertaking a special derive. Each team shall be assigned not more than five villages. Such team shall coordinate with the Sarpanches/Panchas and other elected representatives of the area to persuade the villagers and make them agree for relocation and educate them about the advantages of the rehabilitation packages given to them in case they are not willing to accept the one time compensation of Rs.10 lakh.
6. That the NTCA shall simultaneously examine the reason of enormous delay of one-and-a-half-decade that has taken place in relocation of the villages from the core area of Sariska Tiger Reserve, as also similar relocation of villages from Ranthambhore Tiger Reserve and Mukundara Hills Tiger Reserve and suggest the remedial measures to expedite the process.
7. That the respondent-State shall take steps to implement the recommendations of the State Empowered Committee, especially recommendations no.1, 3, 5 to 8, 10, 12, 13, 14 and 16 to 18 which have not at all been implemented and recommendations no.9 and 15 which have been only partially implemented. The compliance report to be filed before this Court by the respondent-State shall indicate the extent of implementation of these recommendations.
8. That the Rajasthan Subordinate and Ministerial Services Selection Board, if it has not already notified, shall immediately notify the recruitment of 1041 Forest Guards, 87 Foresters, 99 Drivers and 43 Surveyors, pursuant to the requisition sent to them by the Forest Department on 26 th March, 2018, positively within two months, and make endeavour to complete the process of recruitment within six months of the notification.
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9. That the Rajasthan Public Service Commission is directed to expedite the process of recruitment to fill up 99 posts of ACF and 70 posts of Ranger Gr.I as also 35 posts of Ranger Gr.I which were later included vide revised notification dated 12.09.2018.
10. That the State Government may replace the outdated VHF radio collars, wherever used, with GPS enabled collars for proper surveillance of the tigers, as per suggestions given on behalf of the NTCA, apart from launching "Monitoring System for Tigers' Intensive Protection and Ecological Status (M-StrIPES)", an android application based protocol for effective field patrolling and monitoring, besides collecting data for the all India Tiger Estimation.
11. That the respondent-State shall consider creating new and additional 'nakas'/'chowkies' so as to reorganize/rationalize the jurisdiction of existing 'nakas'/'chowkies' in all the three tiger reserves, as per suggestion of the SEC, for ensuring optimum utilization of STPF and various guards that may be recruited shortly.
12. That the Standing Committee of the State Board of Wildlife headed by Mr. Ajit Singh, Ex-Director General of Police with Mr. C.S. Ratnasamy, Mr. Valmik Thapar, Mr. D. Khandal, as the Members, and Mr. Arindam Tomar, Chief Wildlife Warden, as the Member-Secretary, shall conduct a survey of the core area as well of buffer zone of STR so as to prepare a report of the mining activities being carried out by the lease-holders or stone quarrying license holders, issued by the Mining Department of the State and also the illegal mining activities. The Standing Committee shall also conduct such survey about mining activities taking place within one kilometer of boundary of buffer zone. (Downloaded on 07/09/2019 at 09:19:12 PM)
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13. That the Standing Committee shall also undertake survey with regard to movement of traffic passing through the STR and make suggestions to the Government for its regulations so as to contain/minimize disturbance to the wildlife and also suggest the alternative route/bypass for stoppage of traffic through the wildlife area.
14. That the respondent-State shall, taking into consideration the suggestions given by the Standing Committee, referred to in the preceding para, prepare a plan for providing an alternative route by construction of bypass roads to stop the traffic passing through the core area of the STR and to also stop the entry of private vehicles and till such time such plan is implemented, regulate the traffic by limited number of buses owned by the Rajasthan State Road Transport Corporation, and submit the same along-with next compliance report.
15. That the Standing Committee shall also submit its survey report with regard to density of the cattle within the core area as also in the peripheral area in buffer zone, in Ranthambhore Tiger Reserve, Sariska Tiger Reserve and Mukundara Hills Tiger Reserve, and report the intensity of the problem of grazing the cattle and submit its report. The Standing Committee shall also evaluate the extent of the implementation of recommendations made by the SEC for controlling the grazing of cattle in the RTR and other tiger reserves.
16. That the Standing Committee shall undertake a study of Ranthambhore Tiger Reserve to find out how severe is the problem of tourists pressure vis-a-vis its capacity and resources and, suggest the ways to ease and regulate the same in the best interest of the wildlife.
17. That the respondent-State Government/competent authority shall issue necessary order of constitution of the (Downloaded on 07/09/2019 at 09:19:12 PM) (52 of 52) [CW-2627/2019] Standing Committee of the State Wildlife Advisory Board and shall provide, apart from perks, if any as already decided earlier, necessary logistic support, such as, the vehicles, supporting staff and arrangement of travelling and stay to the Members of the Standing Committee. Let these matters may now be listed before the Court on 25.11.2019 to see further compliance of the aforementioned directions by the respondents.
(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J //Jaiman// (Downloaded on 07/09/2019 at 09:19:12 PM) Powered by TCPDF (www.tcpdf.org)