National Green Tribunal
Bharathiraja M vs State Of Tamil Nadu Rep By Secretary ... on 19 January, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.2:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 97 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Bharathiraja. M
S/o. V. Munuswamy
53 A Bangalore Main Road, Sriperumbudur - 602 105.
Kanchipuram District, Tamil Nadu.
...Applicant(s)
Versus
The State of Tamil Nadu,
Rep., by its Director,
Department of Environment,
No.1, Jeenis Road, Panagal Building,
Ground Floor, Saidapet, Chennai and Ors.
...Respondent(s)
For Applicant(s): Mr. A. Yogeshwaran.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R5.
Mr. M.R. Gokul Krishnan for R3 & R4.
Judgment Pronounced on: 19th January, 2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
.......................................J.M. (Justice K. Ramakrishnan) Sd/-
...................................E.M. (Dr. Satyagopal Korlapati) O.A. No.97/2020 (SZ), 19th January, 2022. Mn.
Page 1 of 40 Item No.2:-
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 97 of 2020 (SZ) (Through Video Conference) IN THE MATTER OF:
Bharathiraja. M S/o. V. Munuswamy 53 A Bangalore Main Road, Sriperumbudur - 602 105.
Kanchipuram District, Tamil Nadu.
...Applicant(s) Versus
1) The State of Tamil Nadu, Rep., by its Director, Department of Environment, No.1, Jeenis Road, Panagal Building, Ground Floor, Saidapet, Chennai - 600 015.
2) Arignar Anna Zoological Park Rep. by its Director, Vandalur, Chennai - 600 048.
3) Union of India, Rep. by its Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Jor Bagh, New Delhi.
4) Central Zoo Authority, Rep. by its Chairman, B-1 Wing, 6th Floor, Pt. Deen Dayal Antyodaya Bhawan, CGO Complex, Pragati Vihar, New Delhi - 110 003.
5) The Principal Chief Conservator of Forests & Chief Wildlife Warden (PCCF & CWLW) Department of Forests, Panagal Maligai, Saidapet, Chennai - 600 001.
(Respondents No.3 to 5 impleaded as per Order in I.A. No.49/2020 (SZ) dated 15.07.2020) ...Respondent(s) Page 2 of 40 For Applicant(s): Mr. A. Yogeshwaran.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R5.
Mr. M.R. Gokul Krishnan for R3 & R4.
Judgment Reserved on: 13th December, 2021.
Judgment Pronounced on: 19th January, 2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes/No Whether the Judgment is to be published in the All India NGT Reporter - Yes/No JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member.
1. This case pertains to indiscriminate removal of natural vegetation and planting exotic and invasive species in the Arignar Anna Zoological Park, Vandalur.
2. According to the applicant, planting of such species will affect the forest ecology and it will have impact on wildlife as well as biodiversity. The presence of native vegetation and shrubs in that area will attract birds and if it is substituted by the above exotic and invasive species of plantation, itwill affect the biodiversity as well as ecology of the forest area. Further, planting of such species more than the permissive limit willgoagainst the norms provided by the Ministry of Environment, Forest and Climate Change (MoEF&CC) and Central Zoo Authority.Page 3 of 40
3. It is alleged in the application that Chennai Zoo was originally established in 1855 as mooted by Dr. Edward Belford of Madras Museum and it was started in that area by collection of small animals near Madras Museum.
Thereafter, it was transferred to Madras Corporation and they were housed in a zoo established over an area of 12.03 acres behind the then Moore Market Complex near Central Railway Station and it was functioning there for about 125 years. Since that area was cramped and did not meet the biological and behavioural needs of the animals, decision was taken to shift the zoo to an alternative site where adequate land to develop the required infrastructure for a modern zoo was available. Thereafter, after conducting due investigation, the Vandalur Reserve Forest was selected for this purpose which was spreading over an area of about 510 ha (in its initial stage) provided an environment similar to natural wilderness which would help to meet the biological and physiological need of the animals and birds. The Arignar Anna Zoological Park is one of the biggest Zoos in South East Asia, extending over an area of 602 ha. This portion was located in lands carved out of the Vandalur Reserved Forest and as such, it is more important to maintain the area free of exotics floral species. Contrary to the expectation and also the norms, the 2nd Respondent had planted exotic trees under the guise of tree plantation as shown in Annexure - A1, Photographs. The applicant had sent the said photographs to Mr Sivasankaran, a botanist to obtain his opinion on the kinds of trees that have been planted in the Vandalur Zoo and his opinion is annexed as Annexure - A2. The crust of the report is extracted below as follows:-
Page 4 of 40
No. Species Name Country or Place of Propagation Origin 1 Spathodeacampunalata Africa Wing seeds through Air 2 Ta bebuia rosea South America Wing seeds through Air 3 Ta bebuia argentea South America Wing seeds through Air 4 Swieteniamahagoni South America Wing seeds through Air 5 Mi l li n gtoni a hortensis South east Asia Wing seeds through Air, Root 6 Markamia lutea South America Wing seeds through Air 7 Co rdiasebastena South America Gravity 8 Mutingiacalabura South America Edible fruits 9 Kigeliaafricana Africa Edible fruits through animals 10 Bauhinia sp. variegated South east Asia Gravity 11 Terminalia cadappa Molucca Edible fruits na through birds and 12 Couroptiaguianensis South America island, Gravity animals 13 Simarouba glauca South South America Edible fruits east through birds and Asia animals
4. Since the exotic plants planted are of non-native in nature, it will not support the attraction of local birds and the seeds can be spread to pristine environment such as the adjoining reserve forest and hillocks where the Zoo has no control etc. Already Prosopisjulifera, Guazamaulmifolia, Lantana camara is present inside the Zoo premises within visitors view. If it is allowed to continue, it is likely to affect the forest ecology and have impact on reserve forest area as well. It may affect animals like Deer, Procupine and Rabbits. Though representations were made evidenced by Annexure - A3, no proper action has been taken, as planting of exotic trees in the Zoo will result in their propagation in the Zoo as well as in the surrounding reserve forest. Further, planting of such trees will affect the soil qualities which also have impact on the zoo ecology.Page 5 of 40
5. So, the applicant filed this application seeking the following reliefs:
a. Direct the 2nd respondent to forthwith remove all the exotic trees that have been planted in the Vandalur Zoo area and replace them with native species of trees.
b. Direct the 2nd respondent to remove other invasive species like PosopisJulifera, Guazamaulmifolla, Lamtana camera from the campus of the 2nd respondent zoo.
c. Direct the 1st respondent to frame a Standard Operating procedure for tree planting/ Compensatory a forestation including list of native trees to be planted depending on the geographical area and environmental limitations and procedure for care and maintenance of the saplings.
6. Originally, the applicant has impleaded only the State of Tamil Nadu and the Arignar Anna Zoological Park represented by its Director as party respondents. Subsequently, additional Respondents No.3 to 5 were also impleaded as per order in I.A. No.49 of 2020 (SZ) dated 15.07.2020.
7. The Additional Principal Chief Conservator of Forests and Director of Arignar Anna Zoological Park, Vandalur filed counter affidavit contending that the history regarding the Chennai Zoo and its subsequent shifting to the present area at Vandalur were admitted by the respondent.
After detailed investigation, Vandalur Reserve Forest was selected for this purpose and this place sprawling over an area of about 510 Ha. (in its original stage) provided an environment to establish a zoological park. The present area of the zoo has the requisite natural vegetation for creating naturalistic environment at the zoo. Arignar Anna Zoological Park is one of the biggest zoos in South East Asia, extending over an area of 602 Ha. The zoo was opened to public during the year 1985. The zoo area was divided into visitor movement zone and natural forested area. The Page 6 of 40 management activities like constructions of enclosures and avenues were taken up and the layout plan was prepared which is approved by the Central Zoo Authority. Many enclosures were constructed over the years, as the animal collection and the animal numbers increased. In the past ten years, the number of animals species housed here has increased from 143 species (1390 animals) in 2011-12 to 172 species (2704 animals) in 2019-20. The animals are exhibited in large open moated island type of immersive enclosure with simulated environment. The entire area was clothed with vegetation using natural and some artificial regeneration, since the inception of the zoo. The zoo has been recognized as a Centre of Excellence by the Central Zoo Authority for the scientific management of the zoological park. The Central Zoo Authority also regularly evaluated the performance of the zoo by regular inspection by a recognized expert member and it is being done once in three years. Recently, the evaluation was completed during February 2020 and the expert member nominated by the Central Zoo Authority, visited all the facilities of the zoo and appreciated the zoo for various activities and the maintenance of the zoo in a scientific manner. The cyclone Vardah on 12.12.2016 had damaged and uprooted about 70% of the trees at Arignar Anna Zoological Park. In the following year, 20,000 seedlings were planted in the zoo area which has a good survival rate due to the maintenance and care provided to these seedlings. During the summer of 2019 that the shade has to be improved along the roads or avenues to benefit the visitors who visit the zoo. During the Governing Board meeting of Zoo Authority of Tamil Nadu conducted in 2018, it was directed to plant tall seedlings along the roads and to maintain the ground vegetation of the zoo like gardens, hedges and lawns at identified locations. Following this, planting of 10,000 seedlings Page 7 of 40 was taken up in 2019 since the pre-monsoon season and planting was proposed to be carried out in the following manner:-
"1. Gap Planting and Block Planting - This was identified to be carried out at open spaces adjacent to the avenues. Native tree species were preferred for this category. Free species that were cyclone and drought tolerant were preferred suiting to the soil conditions. Block planting was done adjacent to the animal enclosures which has more open space. As this type of planting will create a congenial micro - climatic environment at that particular site.
2. Avenue Plantation - as the word 'avenue' suggests the species opted to be planted under this category should be of ornamental nature i.e. flowering and shade trees. 3. Animal Enrichment Planting - This category of planting was proposed to be carried out in the area adjacent to designated animal enclosures and identified. Animal specific places like butterfly park, open bird park, in front of animal enclosures. Animal specific flora species was selected to be planted here. This is highly recommended by Central Zoo Authority as the flora enriches and supports the animal care and wellbeing.
The planting was done only in the above manner, so the contention of the Petitioner that several species of alien nonnative exotic trees have been planted in the premises of the Zoological park by clearing native shrubs and climbers is not correct. The petitioner also confuse appears to be between invasive alien species and exotic species. Planting exotic species that are naturalized to our conditions, along the roads surrounded by animal enclosures and cemented area will not have any allelopathic effect as stated.
The petitioner's statement that natural forest was cleared to do the planting is absolutely false. Mostly, it was gap planting that was carried out and only at a few places ground clearing of weeds was carried out to dig pits and that too is sites adjacent to the animal enclosures. Clearing of bushes around the animal enclosure is a regular zoo activity to keep the area free from snakes and rodents. Hence the claim by the petitioner is absolutely baseless and not backed by any proof / evidence."
8. It is further contended that the zoo has both indigenous as well as exotic animals for the purpose of educating the visitors. However, conservation and breeding programmes are conducted only for the endemic animals like Lion-tailed Macaque and Nilgiri Langur. As per the mandate given by Page 8 of 40 the Central Zoo Authority, habitat enrichment specific to the animal species is mandatory so as to provide a near naturalistic environment for the respective animals considering their well being. Accordingly, the planting of trees, shrubs and other enrichment activities are carried out, based on the animal's requirement and necessity. As part of this activity, planting of certain tree species has been carried out in limited numbers adjacent to the animal enclosures and in certain designated areas, so as to cater to the need and well being of the animals. Trees species specific to geographical location and animals' preference were also planted for this reason only. For example, Sloth Bear - Ziziphus mauritiana, Elephant - Ficus bengalensis, Bambusaspp, Ficus religiosa etc. are the associated preferred trees for these animals. Similarly, birds prefer small berries and butterflies prefer nectar rich flowers. Several factors like animal need and behaviour, social grouping, interaction with trees, psychological factors etc. were considered to select the species after detailed discussion and obtaining inputs from a review of like reference and experience of previous years' plantation. Details of all species planted during 2018-19 and 2019-20 and their numbers are provided below:-
Planting Planting
Name of Tree Species Tamil names done in done in
S.No
2019-20
2018-19
1 Aegle marmelos Vilvam 100 10
2 Aglaia elaeagnoidea(Juss.) Benth. Chokkalai 255 0
3 Alangiumsalvipliunt(L.f.) Wang. Azhingil 85 0
4 Alstoniascholaris Elillaipaalai 10 217
5 Anthocephaluscadamba Kadhamba 339
6 Atalantiamonophylla(L.) Correa Kaattuelumitchai 160 0
7 Atrocrupus heterophyllus Pala 145 0
8 Azadirachta indica(A.Juss) Vembu 770 160
9 Bambusabalcooa M u n g i l 478
10 Bambusa bamboo M u n g i l 800 0
11 Barringtonia species Sam uthirapazgham 70
12 Bauhinia alba Sem mantarai 150
13 Bauhinia purpurea Mandarai 24 103
Page 9 of 40
4 Bauhinia racemosaLam. Aathi 55 60
15 Bauhinia tomentosa Tiruvatti 100
16 CalophylluminophyllumL. Punnai 68 540
17 Cassia Fistula Sarakondrai 120 108
18 Cassine glauca (Rottb.) Kuntze Kannira, earkoli 46 0
19 Chloroxylon swietenia DC. Venporasu 100 0
20 Cordia obliquaWilld. Narvik 185 0
21 Cordia sebestena Narvik 88
22 Couroptiaguianensis Nagalingam 51
23 Dalbergia latifolia Eetti 275 0
24 Dalbergia sissoo Sissoo 400 0
25 Diosprros ebenum Koen. Karungali 155 0
26 Diospyros montanaRoxb. Vakkanai 200 0
27 Thypetessepiaria(Wight & Am.) Vecral 9 0
28 Elythritta indica Kalyanamurungai 90
29 Feronia lintonia velan/vi la 475 0
30 Ficus benghalensis Linn Aal 1120 225
31 Ficus nzicrocatpa Uhl 410 0
32 Ficus racemosaL. Atthi 55 346
33 Ficus religiose Aal 665 390
34 Ficus Virens vellai aal 360 0
35 Haldinacordiplia(Roxb. Ridsdale M an ja1 Kadambu 10 0
36 HolopteleaintegriPlia Aaya 100
37 LvorapavettaAndr. Sulundu, Koraan 155 0
38 Khaya senegalensk Khaya 10
39 Kigeliaqfficana Sivakundalam 22 0
40 Lagerstoenlia speciosa Poomaram 8 72
41 Lagerstoemia indica Poomaram 90
42 Lepisanthestetraphylla Kungainetthi 65 0
43 Madhuca indica Illupai 276
44 Madhuca longifolia Illupai 1670 100
45 Mangifera indica Maa maram 100
46 Manilkarahexandra(Roxb.)Dubar Kanuppaala 240 0
d
47 Markantia lutea Perudi 55 200
48 Melia dubia Malaivembu 170 0
49 Micheliachantpaca Chempakam 490 11
50 Millingtonia hortensis Maramalli 33 6
51 Mimusopselengi Magilam c, 630 1183
52 Mitragynaparvifolia Nir kadambai 180 0
53 Mutingiaealabura Thenpazham 100
54 Naringicrenulata (Roxb.)Nicolson Kurunthai 68 0
55 Nyetanthesurhor-fristis Pavalamalli 50
56 Ochna gambki King ex Brandis? Kalkuruvi, Silanthi 70 0
57 Pamburusmissionis (Wight)Swingle Kaattunarthai 180 0
58 Pithecellobium dulee Kodukkappuli 51 0
59 Pongamia pinnata Pungam 1585 267
60 Prelimnacountbosa (Burm.f.) Rottl Paaimunnai 27 0
61 Prosopis cinema Vanni 180 0
62 Psidium guajava Koiya 100
63 PsydraxdicoecosGacrtn. lrumbarathaan, 90 0
Nakkini
Page 10 of 40
64 Therocarpus marsupium Veng.ai 555 10
65 Pterocrupu• santalinus Chcnchandanam 1450 0
66 PlerospermuntcanescensRoxb. Vennaangu, Thada 110 0
67 Saluda chinensk L. Ponkuranthi 35 0
68 Sapindusentarginatus Soapnut 475 0
69 Saraca Ashoka Asogam 331
70 Simarouba glauca Paradise tree 105 0
71 Spathodeacampunalata Patadi 22 0
72 Stereidiafoelida Peenari 100
73 Strychnosnux-rontica L. Etti 7 0
74 Swietenia niahogani Mahogani 260 410
75 Syzygiumcumini Naval 950 611
76 Tabebuia argentea ManjalTabubia 44
77 Tahehuia rosea Vasanta Rani 151 70
78 Tamarindus indica Pull 470 240
79 Terminalia arjuna neermarudhu 450 756
80 Terminalia bellerica Thani 245 0
81 Terminalia catappa L Badam 440 465
82 Thespesia populnea Puvarsam 1260 629
83 Vitex leucavlonL.f. Neernotchi 91 0
84 Walsuratrilbliolata(A Juss.)Harms Waalsoora 188 0
85 Ziziphus mauritiana Elandhai 195
Total 20290 10051
Grand Total 30341
9. It is further contended that the tree species were classified based on the tree types like shade fruit trees, avenue trees etc. and the planting was carried out during 2018-19 and 2019-20. The number of native species in the above table clearly show the importance given to the native tree species. The applicant has pointed out that planting of exotic species is done in large numbers and it will pose a threat to the forest which is not correct, baseless and non-scientific, as most of the species already existed in the zoo and no uncontrolled regeneration of these species has been found inside the premises all these years. So, the applicant's claim that these species will spread to other forest areas itself is without any basis, as they were not invasive in character. The zoo is a controlled park where the planting of hedge plants, lawns etc. is regularly managed by the zoo staff. The weeds are regularly removed in the visitor areas and animal areas. Page 11 of 40 The thirteen species mentioned by the applicant are naturalized to Indian conditions and they are not new to India. These species are commonly planted in temples, parks, avenues, along roads, tree parks, botanical gardens etc. since decades. Many of these trees are closely associated with religions and can be found even in the oldest temple sites in Tamil Nadu viz., Naagalinga Tree (CouroptiaGuianesis), Maramalli tree (Millingtonia hortensis), Mantharai tree (Bauhinia species), Siva Kundalam (Kigelia Africana). The table below furnishes their Tamil names and proves the fact that these are not new invasive species.
Planti Planti
ng ng
Status of
Common done done
No. Species Name Tamil Names Invasiveness
Names in in
in India
2018- 2019-
19 20
Spathodeacampun Fountain Naturalized,
1. Patadi 36 0
alata Tree Not invasive
Pink Naturalized,
2. Tabebuia rosea Vasanta Rani 151 70
trumpet tree Not invasive
Golden Naturalized,
3. Tabebuia argentea ManjalTabubia - 44
trumpet tree Not invasive
Swietenia ThenkaniVidai Naturalized,
4. Mahogany - -
mahagoni Mahagani Not invasive
Millingtonia Indian Cork Native, Not
5. Maramalli 33 6
hortensis tree invasive
Yellow Bell Naturalized,
6. Markamia lutea Perudi 20 200
Bean tree Not invasive
Scarlet Naturalized,
7. Cordia sebestena Accinayuvili - 88
Cordia Not invasive
Seeni Pala
Singapore Naturalized,
8. Mutingiacalabura MaramThenpa - 100
cherry Not invasive
zham
Sausage Shiva Naturalized,
9. Kigelia Africana 22 0
Tree kundalam Not invasive
10. Bauhinia variegate Orchid Tree Malaiyatti Not invasive - -
Indian
Terminalia Almond, Badam, Naturalized,
11. 400 465
cadappa Malabar NaatuBadam Not invasive
Almond
Couroptiaguianens Cannon ball NagalingaMar Naturalized,
12. - 51
is tree am Not invasive
Lakshmi
Taru, Naturalized,
13. Simarouba glauca SourgaMaram 105 -
Paradise Not invasive
tree
Total 937 1434
Grant Total 2371
Percentage of these species to the total planting done 7.85%
Page 12 of 40
10. S.No.10 Bauhinia species planted inside the zoo consists of Bauhinia purpurea, Bauhinia racemosa, Bauhinia tomentosa and Bauhinia alba - all of which have native range in South Asia and South East Asia and therefore, they do not fall under non-native category. The applicant has stated that Bauhinia variegate was planted which itself is a wrong statement. Similarly, S.No.5 Millingtonia hortensis which is commonly called as Maramalli in Tamil also has native range including Myanmar and India and the applicant wrongly refers it as exotic species. Similarly, the very fact that all the above listed tree species have their own Tamil names which are very well known even to a common man, indicates that these trees are already available in many places across the state for many years and they have got well adopted and naturalized to our local conditions. A detailed study was undertaken by C. Sudhakar Reddy, G. Bagyanarayana, K.N. Reddy and Vatsavaya S. Raju on "Invasive Alien Flora of India" and the results were published by National Biological Information Infrastructure, US Geological Survey, USA in 2008. None of the above mentioned tree species are identified and categorized as Invasive species. Similarly, the ENVIS Centre on Flora Diversity and Botanical Survey of India, Kolkata, West Bengal (sponsored by Ministry of Environment, Forests & Climate Change, Govt. of India) have identified 173 invasive alien species in India and none of the above listed trees planted in zoo area are listed as invasive species and this is available in the following website (http://www.bsienvis.nic.in/Database/Invasive_Alien_specied_15896.asp x#B). So, the allegation that planting of such species in the Arignar Anna Zoo campus will pose threat to the forest environment is without any basis. The flowers and fruits of these trees attract local birds and insects in large numbers. Many among the listed 13 species are preferred tree Page 13 of 40 species to attract birds. For example, Nagalingam tree, Indian almond tree, Thenpazham tree, Scarlet Cordia, Maramalli tree. Similarly, the free ranging deer in the zoo are found commonly foraging the Bauhinia tree. The number of animals these trees support ranges from small ants, squirrels, birds, butterflies and even snakes. So, the apprehension of the applicant that such trees do no support local animals is without any basis. The applicant has approached the 2ndRespondent on several occasions and on each time, proper explanation has been given for the reasons behind planting of such trees in that area. Most of the planting was done with native species trees and only less than 10% of the species (7.5% to be precise) are naturalized non-native species which are not invasive in nature and have benefits to support the animals. These flowering and evergreen trees species are planted along the roads and near the animal enclosures for the reason that it will create a thematic view for the visitors. Secondly, these trees are planted only along roads as few of these species grow tall and have faster growth which will not only provide shade to the visitors but also their tall nature will not block the visibility of the visitors especially children. Thirdly, the zoo has many exotic animals like Chimpanzee, Savannah baboon, Giraffe, Zebra, Hippopotamus, Ostriches, Emu, Cassowary, etc. whose displays are spread across the zoo and hence there is a need to create geographical zone based views which will also cater to meet the environmental enrichment requirement specific to that animal. Fourthly, most of these tree species already existed in the zoo for many years, but none of these species have regenerated in large numbers in an invasive manner within the zoo or even in the adjoining forest areas. Zoological parks are mainly focused on education and conservation of wild animals. Arignar Anna Zoological Park, Vandalur is considered as Page 14 of 40 one of the best scientifically managed zoos in India. The zoo has animal species that are native to both Indian and Foreign countries. In order to provide comforting environment to the zoo animals, the zoo management takes up several management activities like enclosure enrichment, display enrichment, natural barricading, maintaining vegetation etc. Planting trees are also part of this. These species are selected based on the animal requirement and display purpose like flowering or shade tree. There was no violation with respect to the planting carried out by the Arignar Anna Zoological Park and the planting was done to compensate the tree cover loss following the Cyclone Vardah. There was an immediate need to plant and to choose fast growing trees considering the rise in temperature during 2018 & 2019. Similarly, drought resistant species had to be selected considering the water shortage prevailing due to drought in Chennai during these years. Accordingly, the tree species listed in Para 4 were selected based on the experience of previous year planting etc. Not all tree species whose origin is outside the Asia continent is dangerous or invasive. There are many benefits that can be drawn from these floral species too. So, a tourist place like zoo should have both different types of animals and plants species to serve these purposes. So, according to the respondent, the allegations made in the application are not with any scientific basis and deserve no merit and prayed for dismissal of the application.
11. Respondents No.3 & 4 have filed their counter affidavit contending that the Central Zoo Authority (CZA) is a statutory body under the Ministry of Environment, Forest and Climate Change, Government of India. The functions of the Central Zoo Authority are specified in Section 38C of the Page 15 of 40 Wild Life (Protection) Act, 1972 (Act). The Central Zoo Authority (CZA) is a statutory authority constituted to regulate and monitor functioning of zoos in the country that are recognized under Section 38H (1) of the Act, as per the standards and norms specified in the Recognition of Zoo Rules, 2009. The "Zoo" is defined under Section 2(39) of the Act, which reads as, "zoo means an establishment, whether stationary or mobile, where captive animals are kept for exhibition to the public [and includes a circus and rescue centres but does not include an establishment] of a licensed dealer in captive animals".
12. It is further contended that the Government of India, keeping in mind the interests and welfare of the animals in captivity, had enacted the Recognition of Zoo Rules, 2009.In the Schedule under Rule 10 of the said Rules, standard and norms are prescribed for the better management, housing, upkeep and healthcare of the animals kept in captivity. Relevant provisions of the Schedule are extracted below for reference:-
Para 1 (2) of the Schedule under Rule 10 says "Every zoo shall, through proper landscaping and planting of appropriate species, provide a naturalistic environment within the zoo to enable the visitors to have communion with nature and get motivated for living in harmony with nature."
Para 3 (4) of the said Rule says "Atleast 30% of the area earmarked for the zoo shall be kept under green belt and natural vegetation and the area for animal housing shall not exceed 30% area of the zoo."Page 16 of 40
13. The Guidelines for Establishment and Scientific Management of Zoos in India (2008), with respect to providing naturalistic environment in the zoo was also formulated and the relevant paragraph of these guidelines reads as, "Zoo should endeavour to maintain the basic naturalistic features of the zoo site such as water bodies, natural ridges and vegetation there on intact. Planting of bushes, hedges and trees should also be done wherever vacant space is available and maintain the same to serve as habitat for free ranging species of wild animals and birds."
14. With regard to display of animals in nature immersing enclosures the relevant paragraphs of these guidelines reads as follows:"(1) Landscape around every animal exhibit/ enclosure should comprise of plantation of appropriate tree and shrub species of adequate extent and such shape that the enclosure should not be visible to the visitors from any place other than the animal viewing areas. (2) All the hard exteriors of the enclosure i.e. the enclosure barrier and the frontage of the feeding cells, feeding kraals should be effectively camouflaged through planting of bamboo, dwarf tree species and shrubs. (3) Planting of appropriate trees and shrubs should be done around the animal viewing areas to break up the visitors into small viewing groups. (4) Visitors should be made to move through the green landscape around the enclosure for reasonable distances. (5) Planting, appropriate trees species should be done in the enclosure to ensure that entire animal enclosure is not visible to the visitors from any of the viewing points. The animal should be seen to the visitors in near natural settings."
15. The Arignar Anna Zoological Park, Vandalur, Chennai obtained approval of the Master Plan from the Central Zoo Authority for long-term development of the Zoo for period 2013 to 2023. As per the approved Page 17 of 40 Master Plan of the zoo (Chapter - VI, Page 98 of the Plan) the following excerpt is reproduced below as ready reference, "Every effort will be made by the zoo to maintain the forest character of, the zoo premises. To achieve this goal the exotic species particularly eucalyptus, Prosopis and non- indigenous flowering plants/trees would be phased out in a phased manner and replaced with species endemic to the region. The trees in animal enclosures will be replaced with the species forming part of the animal habitat. Clearance of extensive areas for creating visitor facilities Large number of small sized lawns shall be preferred than having very large lawns. 2. All the buildings and masonry structures would be painted in light green colour and camouflaged with green vegetation and it will be ensured that the natural ambience of the area is not affected".
16. So, they prayed for accepting their contentions and pass appropriate orders in accordance with law.
17. As per order dated 15.07.2020, this Tribunal had appointed a Joint Committee comprising of (i) a Senior Officer from Ministry of Environment, Forest and Climate Change (MoEF&CC), Regional Office, Chennai, (ii) a Senior Officer as nominated by the Chief Wild Life Warden not below the rank of the Chief conservator of Forest, (iii) the Director of Arignar Anna Zoological Park and (iv) aBotanist or Taxonomist from Anna University, Chennai to inspect the area in question and submit a factual reportregarding the allegations made in the application and also impact of suchexoticplantation on forest, wild life and biodiversity of that area and if any damage has been caused, what is the remedial measures to be taken to restore the same, including assessing the environmental compensation, if required.
Page 18 of 40
18. Further, the Joint Committee was also directed to consider as to whether this is in violation of the Wild Life Management Plan in that area in executing the present project by the 2nd respondent/Arignar Anna Zoological park. The Ministry of Environment, Forests and Climate Change (MoEF&CC), Regional Office, Chennai was designated as the nodal agency for co-ordination and for providing all necessary logistics for this purpose.
19. As per order dated 13.08.2020, on the basis of the mentioning made by Mr. M.R. Gokul Krishnan representing the MoEF&CC that though this Tribunal had included a Botanist or Taxonomist from Anna University, Chennai as one of the member of the committee, no such expert is available in Anna University, Chennai. As requested by the counsel, we directed the Chairman, National Biodiversity Authority, Chennai to depute a a Botanist or Taxonomist from their department instead of a Botanist or Taxonomist from Anna University, Chennai and that expert was substituted in the committee in place of expert from the Anna University, Chennai.
20. The Joint Committee has filed its report dated Nil, filed on 01.10.2020 which reads as follows:-
"Report of the Joint Committee Constituted by Hon'ble NGT (SZ) vide order dated 15.07.2020 in O.A. No. 97 of 2020 &I.A. No. 49 of 2020 (SZ) The present application has been filed before the Hon'ble National Green Tribunal (SZ) with a grievance that the 2nd respondent Arignar Anna Zoological Park (AAZP) has planted several species of alien non-native exotic trees in the premises of the Zoological park by clearing native shrubs and climbers. The applicant stated that clearing of native vegetation has its own deleterious effects such as deterioration of soil quality, food availability and habitat for small mammals and insects. The planting of exotic species will result in the unchecked Page 19 of 40 spread of these species at the cost of native trees and vegetation, stated the applicant.
The applicant also stated that the 2nd respondent AAZP is located in lands carved out of the VandalurReserve forest, and hence it is all the more important to maintain the area free of exotic flora species. In order to substantiate the allegation, the applicant has submitted a list of 13 plant species as exotic trees planted in the premises of AAZP as tabulated below:
Table-1. A list of 13 species alleged as exotic tree species planted in AAZP Country or place No. Species Name Propagation of origin
1. Spathodeacampunalata Africa Wing seeds through Air
2. Tabebuia rosea South America Wing seeds through Air
3. Tabebuia argentea South America Wing seeds through Air
4. Swietenia mahagoni South America Wing seeds through Air
5. Millingtonia hortensis South East Asia Wing seeds through Air, Root
6. Markamia lutea South America Wing seeds through Air
7. Cordia sebestena South America Gravity
8. Mutingiacalabura South America Edible fruits
9. Kigelia Africana Africa Edible fruits through animals
10. Bauhinia variegate South East Asia Gravity Moluccana Island, Edible fruits through birds and
11. Terminalia cadappa South East Asia animals
12. Couroptiaguianensis South America Gravity Edible fruits through birds and
13. Simarouba glauca South America animals The applicant submitted that planting of exotic trees (as in Table-1) cause 'various problems' as they are not native to this region, such as the fact that local birds will not be supported by these trees, seeds can be spread to pristine environment such as the adjoining reserve forest and hillocks where the zoo management has no control and that already Prosopis juliflora, Guazamaulmifolia, Lantana camara is present inside the Zoo premises within visitor's view.
The applicant also submitted that these invasive species might even spread to the adjacent area and it will be affected due to allelopathy effect which will not allow the native plant species to propagate. Free ranging frugivorous animals like deer and porcupine, rabbits of the forest will also play role in this propagation. The applicant submitted that these are not factors that the 2nd respondent AAZP can contain and control and hence the only solution is to prevent the propagation of these exotics by not planting and introducing them to this environment.
In order to ascertain facts on the ground, the Hon'ble NGT (SZ) vide its Order dated 15.07.2020 in Application No 97 of 2020 & I.A. No. 49 of 2020 has appointed a Joint Committee comprising of a Senior Officer from Ministry of Environment, Forest and Climate Change (MoEF&CC), Regional Office, Chennai, a Senior Officer as nominated by the Chief Wild Life Warden not below the rank of the Chief conservator of Forest, the Director of Arignar Anna Zoological Park and a Botanist or Taxonomist deputed by the Chairman from National Biodiversity Authority, Chennai to inspect the area in question and submit a factual report Page 20 of 40 regarding the allegations in the application and also to analyse the impact of such exotic plantation on forest, wildlife and biodiversity of that area and if any damage has been caused. The committee was asked to suggest the remedial measures to be taken to restore the same including assessing the environmental compensation, if any required.
The Hon'ble NGT further directed that the committee shall also consider as to whether this is in violation of the Wild Life Management Plan in that area in executing the present project by the 2nd respondent, AAZP.
Ministry of Environment, Forests and Climate Change (MoEFCC), Regional Office, was appointed as the nodal agency for co-ordination and for providing all necessary logistics for this purpose (Copy of the order dated 15.07.2020 is at Annexure-I).
MoEFCC, Regional Office, Chennai being the nodal agency organized a video conference (VC) among the Members of the Joint Committee on 26.08.2020 (3pm-5pm) to discuss the matter with a view to understand the subject and plan the way forward.
On 02.09.2020, the Joint Committee visited AAZP, Vandalur and undertook a physical verification of the planting activities undertaken by the 2nd respondent, AAZP. Inspection was also carried out in both the operational area' which is about 60% of the AAZP and 'natural vegetation area' which is about 40% of the AAZP. The Joint Committee considered the following questions in order to address the allegations in the petition with a view to arrive at a possible solution.
(1). Whether the 13 plant species alleged in the petition are 'exotic species'?
It is submitted that out of the 13 species alleged as 'exotic species' in the petition only 10 are 'non-native species' having their origins outside the Indian sub-continent as stated in Table-1. But, these 10 plant species have long history of introduction into India and are now naturalized in the country. The terminologies and the conceptual understanding on the subject itself are evolving.
It is submitted that the use of the term 'exotic' to describe a 'non-native species' is not popularly used in the scientific literature of the subject. It is a colloquial term used with political connotations. Some of the widely used terms in this scientific field are provided below:
a. Naturalized Species (Richardson et al. 2011) Naturalized species are alien species that sustain self-replacing populations for several life cycles or a given period (10 years is advocated for plants) without direct intervention by people or despite human intervention.
b. Alien Species (CBD, 2002) An alien species is a species, subspecies or lower taxon introduced outside its natural past or present distribution, which includes any part, gametes, seeds, eggs or propagules of such species that might survive and subsequently reproduce.
c. Invasive Alien Species (CBD, 2002) Page 21 of 40 An invasive alien species refers to an alien species whose introduction and/or spread threatens the biological diversity of the region/habitat.
It is submitted that 'native vs non-native' is a geographical-evolutionary view that identifies non-natives as species that did not evolve in a particular area and that non-native species are frequently identified as human-introduced species.
It is submitted that the 13 plant species alleged as exotic in the petition are widely planted as avenue trees through the length and breadth of the country for their aesthetic and other values, particularly in the human dominated urban and other spaces. For example, The Trees of Delhi: A Field Guide by Pradip Krishen (2006), one of the popular field guides available on the subject includes as many as 6 species (out of the 13) being widely planted in Delhi and provide additional information on its local uses. These are Bauhinia variegata(p192), Kigeliaafricana(p248), Markhamia lutea (P244), Millingtonia hortensis (p304), Spathodeacampanulata (p254), Swietiniamahagoni (p226).
It is submitted that the alleged exotic species such as the Couroupitaguianensis (Tamil: Naagalingam) are naturalized in India to such an extent that, these trees are closely associated with religious practices. It is believed that hooded flowers of C. guianensislook like snake Naga and the plant widely is grown in the temples of Lord Shiva. Similar is the case with Millingtonia hortensis (Tamil: Mara malli). The tree is widely grown in the premises of the temples in Tamil Nadu and the flowers are offered to the deities of lords in the temples.
(II). Whether 13 plant species alleged as 'exotics' are harmful to the natural environment by becoming invasive species as alleged in the petition?
It is submitted that the science and understanding of 'non-native species' which are invariably described as "exotic" or "alien" species itself is an evolving topic in biology which is being highly debated. Literature on the subject is scant. International not-for-profit organizations such as Centre for Agriculture and Bioscience International (CABI) and International Union for Conservation of Nature (IUCN) are currently engaged with research on topic. CABI is currently bringing out the Invasives Series on well documented invasive plant species (ex. Parthenium hysterophorusand Mikania micrantha").
It is submitted that 'native species is good' and 'exotics are bad' is a confused and deceptive concept devoid of biological/ecological understanding with a sole aim to confer „special value' on a species. Every species, irrespective of its status has an ecosystem function.
It is submitted that, at country level, there are no 'prescriptions' or 'guidelines' available as to how to identify invasive alien species. There were some sporadic efforts in India to prepare country level lists of invasive alien species ('national black list of species'). However, such lists are still not completely agreeable by the multiple stakeholders.
It is submitted that non-native species, such as the 13 species (see Table 1), alleged in the petition are typically viewed as a generalist on the subject Page 22 of 40 considering the facts that these are human-introduced, non-native species that will harm the local ecosystems and economies with an assumption that non native species should be controlled or eradicated to protect native ecosystems, species, and human interests.
It is submitted that any responsible decision making on the subject of non native species should also consider economic, recreational, and aesthetic interests of present and future generations.
It is submitted that unless scientifically proven, any attempts to persecute non-native species with a view to remove them are generally misguided.
It is submitted that there is no incriminating or readily available evidence/literature that the 13 plant species alleged as exotics are harmful to the natural environment by becoming invasive species.
(III). Whether the planting of exotic species of plants in the premises of AAZP will affect the forest ecology and have an impact on wild life as well as on biodiversity?
It is submitted that during the field visit of the Joint Committee, Director, AAZP gave a detailed explanation on the planting activities undertaken during 2018-19 and 2019-20, wherein it was explained that AAZP has lost 70% of its tree cover due to the Cyclone Vardah on 12.12.2016, thus leaving the visitors and the animals without shade/tree cover.
It is submitted that, in order to mitigate the situation, AAZP with the approval from the Governing Board of Zoo Authority of Tamil Nadu carried out planting of 20,000 seedlings/sapling in the year 2018-19 and another 10,000 seedlings/sapling in the year 2019-20 as gap planting and block planting, avenue plantation and animal enrichment planting. Details pertaining to number and composition of species planted during the period of 2018-19 and 2019-20 in the premises of AAZP are placed at Annexure-11.
It is submitted that; a total of 85 species were planted by the AAZP during the given period totaling 30,190 seedlings/saplings. The list of 85 species also includes 13 species alleged to be exotic species totaling 2371 which is 7.85% of the total seedlings/saplings planted.
It is submitted that the Joint Committee could verify that, there is a clear separation of operational area' which is about 60% of the AAZP and 'natural vegetation area' which is about 40% of the AAZP. Plantation activities are observed mainly in the operational area.
It is submitted that, the Joint Committee did not see any 'clearing of forests' per se. Gap planting and block planting was observed in the operational area of the AAZP involving native plant species such as Saracaasoka, Neolamarckiacadamba, Dalbergia sp., Erythrina indica etc. Planting operations in the Zoological Park with 85 tree species was observed during the field visit.
It is submitted, the Joint Committee visited the locations of the zoological park, bio-geographic approach to planting of trees to indicate co-evolution of plants and animals from particular geographies were being attempted (Zebras and Page 23 of 40 hippopotamus surrounded by Spathodeasp. indicating their African origins). This needs to be encouraged from the educational scientific awareness point of view.
It is submitted that, it is frivolous to state that planting of exotic species of plants in the premises of AAZP will affect the forest ecology and have an impact on wild life as well as on biodiversity without providing scientific evidence.
(IV). Whether exotic species support local biodiversity and serve the natural purpose that native species will serve?
It is submitted that; the question can be answered by exploring one example of the alleged exotic species which is namely Muntingiacalabura(Jamaica cherry).
It is submitted that the flowers of Muntingiacalabura(Jamaica cherry) is known to attract a wide range of pollinators. The fruits were reported to provide food to a number of diurnal and nocturnal vertebrates such as birds, bats, monkeys and squirrels. Many species of insects, e.g. beetles, bugs, wasps and flies, also consume the pulp of ripe fruits.
Uses List: Muntingiacalabura(Jamaica cherry) Animal feed, fodder, forage o Bait/attractant o Fodder/animal feed o Forage o Invertebrate food Drugs, stimulants, social uses o Religious Environmental o Agroforestry o Erosion control or dune stabilization o Landscape improvement o Revegetation o Shade and shelter o Wildlife habitat Fuels o Fuelwood General o Botanical garden/zoo o Ritual uses Human food and beverage o Fruits o Honey/honey flora o Leaves (for beverage) Materials o Alcohol o Bark products o Baskets o Fibre o Miscellaneous materials o Pesticide o Wood/timber Medicinal, pharmaceutical o Source of medicine/pharmaceutical o Traditional/folklore Ornamental o Potted plant o Seed trade Wood Products Containers oBoxes o Vats Other cellulose derivatives Sawn or hewn building timbers Page 24 of 40 o Carpentry/joinery (exterior/interior) o For light construction It is submitted that, similar use list for the all the 13 species alleged as exotic species can also be drawn_-up.
It is submitted that specific information on the negative impact of any kind, in the natural ecosystems by the 13 plant species alleged as exotics is not available.
(V). Whether the 13 plant species alleged as 'exotics' will invade the surrounding areas and will pose grave threats in the future.
It is submitted that among the different life forms in the plant kingdom, there is little information available on trees or woody species possessing invasive characters both at global and national level. It is pertinent to mention that, all the 13 plant species alleged as 'exotics' in the present case are either trees or woody shrubs. Invariably, tree species are introduced from one geographical area to another mostly for the beneficial purposes owing to opening up of the economy, tourism and globalization.
It is submitted that, during the inspection, the Joint Committee did notice the presence of species such as Prosopis juliflora, Guazumaulmifolia and Lantana camara in the 'natural vegetation area of the zoological park and not in the operational area'. The 2nd respondent may keep a constant vigil and undertake periodic clearing operations to keep them from spilling into the operational area of the zoological park.
It is submitted that AAZP is one of the largest zoological park in the country and plays a vital role in scientific research, education and in creating eco awareness to the public. Being an ex-situ conservation site, where display of all native and non-native species of flora and fauna should be encouraged for educational and awareness purposes.
(VI). Whether there this is in violation of the Wild Life Management Plan in that area?
Based on the foregoing discussions above and in view of the presentation made by the Zoo Director as regards to the provision of the Zoo Management plan as approved by CZA regarding planting of trees and shrubs, the committee is of the opinion that there is no such violation.
The Joint Committee during the field visit did not see any instance of forests having been cleared to plant the non native species. Planting has been undertaken in the gaps and along the avenues. A few saplings of these 10 species have already come into flowering. There are no signs of invasive spread of these species in and around the area through dispersal. As against the 13 species listed out by the Petitioner as non native tree species only 10 species are not native to the Indian sub-continent. However these species were introduced in India in the distant past, based on a review of available literature. The said 10 species are now completely naturalized and have been planted across the country in gardens, parks, along avenues and have become mainstreamed or ingrained in the religion and culture of the country with popular vernacular names. In numerical terms, 1467 Page 25 of 40 no of saplings of these 10 species have been planted which constitutes 4.85% of the total number of 30190 tree saplings planted."
21. They have also produced the details of number and composition of species is planted in that area which reads as follows:-
Planting Planting
Name of Tree Species Tamil names done in done in
S.No
2019-20
2018-19
1 Aegle marmelos Vilvam 100 10
2 Aglaia elaeagnoidea(Juss.) Benth. Chokkalai 255 0
3 Alangiumsalvipliunt(L.f.) Wang. Azhingil 85 0
4 Alstoniascholaris Elillaipaalai 10 217
5 Anthocephaluscadamba Kadhamba 339
6 Atalantiamonophylla(L.) Correa Kaattuelumitchai 160 0
7 Atrocrupus heterophyllus Pala 145 0
8 Azadirachta indica(A.Juss) Vembu 770 160
9 Bambusabalcooa M u n g i l 478
10 Bambusa bamboo M u n g i l 800 0
11 Barringtonia species Sam uthirapazgham 70
12 Bauhinia alba Sem mantarai 150
13 Bauhinia purpurea Mandarai 24 103
4 Bauhinia racemosaLam. Aathi 55 60
15 Bauhinia tomentosa Tiruvatti 100
16 CalophylluminophyllumL. Punnai 68 540
17 Cassia Fistula Sarakondrai 120 108
18 Cassine glauca (Rottb.) Kuntze Kannira, earkoli 46 0
19 Chloroxylon swietenia DC. Venporasu 100 0
20 Cordia obliquaWilld. Narvik 185 0
21 Cordia sebestena Narvik 88
22 Couroptiaguianensis Nagalingam 51
23 Dalbergia latifolia Eetti 275 0
24 Dalbergia sissoo Sissoo 400 0
25 Diosprros ebenum Koen. Karungali 155 0
26 Diospyros montanaRoxb. Vakkanai 200 0
27 Thypetessepiaria(Wight & Am.) Vecral 9 0
28 Elythritta indica Kalyanamurungai 90
29 Feronia lintonia velan/vi la 475 0
30 Ficus benghalensis Linn Aal 1120 225
31 Ficus nzicrocatpa Uhl 410 0
32 Ficus racemosaL. Atthi 55 346
33 Ficus religiose Aal 665 390
34 Ficus Virens vellai aal 360 0
35 Haldinacordiplia(Roxb. Ridsdale M an ja1 Kadambu 10 0
36 HolopteleaintegriPlia Aaya 100
37 LvorapavettaAndr. Sulundu, Koraan 155 0
38 Khaya senegalensk Khaya 10
39 Kigeliaqfficana Sivakundalam 22 0
Page 26 of 40
40 Lagerstoenlia speciosa Poomaram 8 72
41 Lagerstoemia indica Poomaram 90
42 Lepisanthestetraphylla Kungainetthi 65 0
43 Madhuca indica Illupai 276
44 Madhuca longifolia Illupai 1670 100
45 Mangifera indica Maa maram 100
46 Manilkarahexandra(Roxb.)Dubar Kanuppaala 240 0
d
47 Markantia lutea Perudi 55 200
48 Melia dubia Malaivembu 170 0
49 Micheliachantpaca Chempakam 490 11
50 Millingtonia hortensis Maramalli 33 6
51 Mimusopselengi Magilam c, 630 1183
52 Mitragynaparvifolia Nir kadambai 180 0
53 Mutingiaealabura Thenpazham 100
54 Naringicrenulata (Roxb.)Nicolson Kurunthai 68 0
55 Nyetanthesurhor-fristis Pavalamalli 50
56 Ochna gambki King ex Brandis? Kalkuruvi, Silanthi 70 0
57 Pamburusmissionis (Wight)Swingle Kaattunarthai 180 0
58 Pithecellobium dulee Kodukkappuli 51 0
59 Pongamia pinnata Pungam 1585 267
60 Prelimnacountbosa (Burm.f.) Rottl Paaimunnai 27 0
61 Prosopis cinema Vanni 180 0
62 Psidium guajava Koiya 100
63 PsydraxdicoecosGacrtn. lrumbarathaan, 90 0
64 Therocarpus marsupium Nakkini
Veng.ai 555 10
65 Pterocrupussantalinus Chcnchandanam 1450 0
66 PlerospermuntcanescensRoxb. Vennaangu, Thada 110 0
67 Saluda chinensk L. Ponkuranthi 35 0
68 Sapindusentarginatus Soapnut 475 0
69 Saraca Ashoka Asogam 331
70 Simarouba glauca Paradise tree 105 0
71 Spathodeacampunalata Patadi 36 0
72 Stereidiafoelida Peenari 100
73 Strychnosnux-rontica L. Etti 7 0
74 Swietenia niahogani Mahogani 170 410
75 Syzygiumcumini Naval 950 611
76 Tabebuia argentea ManjalTabubia 44
77 Tahehuia rosea Vasanta Rani 151 70
78 Tamarindus indica Pull 470 240
79 Terminalia arjuna neermarudhu 450 756
80 Terminalia bellerica Thani 245 0
81 Terminalia catappa L Badam 440 465
82 Thespesia populnea Puvarsam 1260 629
83 Vitex leucavlonL.f. Neernotchi 91 0
84 Walsuratrilbliolata(A Juss.)Harms Waalsoora 188 0
85 Ziziphus mauritiana Elandhai 195
Total 20139 10051
Grand Total 30190
Page 27 of 40
22. They also produced certain photographs to show where such trees have been planted.
23. The applicant has filed their objections to the Joint Committee report and also produced certain study materials in support of his case.
24. The 2nd Respondent also filed their response to the Joint Committee report which reads as follows:-
"Counter response to the Report submitted to the Hon'ble National Green Tribunal, South Zone Bench, Chennai by the Joint Committee I, V. Karunapriya, IFS., daughter of Thiru. V. Raghunadha Rao, Hindu aged about 47 years, employed as Additional Principal Chief Conservator of Forests and Director, Arignar Anna Zoological Park, Vandalur, Chennai, do hereby solemnly affirm and sincerely state as follows:-
It is respectfully submitted that an application was filed at this Hon'ble National Green Tribunal (SZ) with a grievance that the 2nd respondent Arignar Anna Zoological park (AAZP) have planted several species of alien, non-native exotic trees in the premises of the Zoological park by clearing native shrubs and climbers. In order to substantiate the allegation, the applicant has submitted a list of 13 plant species as exotic trees planted in the premises of AAZP as tabulated below:
Table. A list of 13 species alleged as exotic tree species planted in AAZP Country or place No. Species Name Propagation of origin
1. Spathodeacampunalata Africa Wing seeds through Air
2. Tabebuia rosea South America Wing seeds through Air
3. Tabebuia argentea South America Wing seeds through Air
4. Swietenia mahagoni South America Wing seeds through Air
5. Millingtonia hortensis South East Asia Wing seeds through Air, Root
6. Markamia lutea South America Wing seeds through Air
7. Cordia sebestena South America Gravity
8. Mutingiacalabura South America Edible fruits
9. Kigelia Africana Africa Edible fruits through animals
10. Bauhinia variegate South East Asia Gravity Moluccana Island, Edible fruits through birds and
11. Terminalia cadappa South East Asia animals
12. Couroptiaguianensis South America Gravity Edible fruits through birds and
13. Simarouba glauca South America animals It is submitted that, in order to ascertain facts on the ground, the Hon‟ble NGT (SZ) vide its order dated 15.07.2020 in Application No 97 of 2020&I.A.No. 49 of 2020 has appointed a Joint committee comprising of a senior officer from Ministry of Environment, Forest and climate change (MoEF&CC), Regional Page 28 of 40 office, Chennai, a senior officer as nominated by the chief wild Life warden not below the rank of the chief conservator of Forest, the Director of Arignar Anna Zoological park and a Botanist or Taxonomist deputed by the chairman from National Biodiversity Authority, Chennai to inspect the area in question and submit a factual report regarding the allegations in the application and also impact of such exotic plantation on forest, wildlife and biodiversity of that area and, if any damage has been caused what is the remedial measures to be taken to restore the same, including assessing the environmental compensation, if any required.
It is submitted that, the Hon'ble NGT further directed that the committee shall also consider as to, whether this is in violation of the wild Life Management plan in that area in executing the present project by the 2nd respondent, AAZP. Ministry of Environment, Forests and Climate Change (MoEFCC), Regional Office, was appointed as the nodal agency for co-ordination and for providing all necessary logistics for this purpose. MoEFCC, Regional Office, Chennai as the nodal agency organized a video conference (VC) among the Members of the Joint Committee on 26.08.2020 (3pm-5pm) to discuss matter with a view to understand the subject and plan the way forward.
It is submitted that, on 02.09.2020, the Joint Committee visited AAZP, Vandalur and undertook a physical verification of the planting activities undertaken by the 2nd respondent, AAZP. Inspection was also carried out in both the operational area which is about 60% of the AAZP and natural vegetation area which is about 40% of the AAZP. Following due consultation process, physical verification and consideration of scientific merits of the case, the Joint Committee had submitted the Report to Hon'ble NGT.
It is submitted that, it was presented in the Joint committee Report that native vs non-native is a geographical-evolutionary view that identifies non- natives as species that did not evolve in a particular area and that non-native species are frequently identified as human-introduced species. lt was also submitted that the 13 plant species alleged as exotic in the application are widely planted as avenue trees through the length and breadth of our country for their aesthetic and other values, particularly in human dominated urban and other spaces.
It was also submitted that the science and understanding of 'non-native species' which are invariably described as "exotic" or "alien" species itself is a young and evolving discipline in biology. Literature on the subject is scant. It was also submitted that, at country level, there are no 'prescriptions' or 'guidelines' available as to how to identify invasive alien species.
It was submitted that non-native species, such as the above mentioned 13 species (see Table), alleged in the application are typically viewed by generalist on the subject as human-introduced, invasive species that harm local ecosystems and economies with an assumption that non-native species should be controlled or eradicated to protect native ecosystems, species, and human interests.
It is submitted that, now the applicant has filed a reply in response to the Page 29 of 40 report of the Joint Committee stating the report is liable to be rejected as it is unscientific, misleading, contrary to the zoo's own master plan and has been authored by a committee comprising the Zoo's Director and hence cannot be accepted.
It is submitted that, the applicant has relied heavily on internet sources. lt must be noted that any species becoming successfully invasive is a rare event. This is because, a species arriving in a new community faces a series of filters. Invasion usually occurs in three stages. A species is first transported to a new habitat. It must then establish itself there: a base population must manage to successfully reproduce itself. Naturalized in this way, the species population have to explode to become invasive. Further, a plant must have the following traits to become invasive:
i. It has long-lived seeds for discontinuous germination ii. It grows rapidly from vegetative to reproductive stage iii. It is capable of very high seed output when environmental conditions are favourable iv. It produces seed continuously throughout the growth period and in a range of environmental conditions v. It is built to disperse seeds over short and long distances vi. It has a strong potential to compete with other species.
It is submitted that, the ecological paradox usually is, if a species ispresent in small numbers, particularly when planted as avenue trees, its breeding options are low. This genetic bottleneck might cause it to become extinct rather than becoming invasive.
It is submitted that, the successful invasion depends not only on the traits species have, but also on how susceptible the habitat is. Three generally accepted models to understand this susceptibility have emerged viz., i. Fluctuating resource availability model, ii. Enemy release hypothesis, iii. Niche opportunity model The first proposes that invasiveness depends on excess resources (energy) being available to be consumed. Such availability fluctuates over time; so, therefore, does a habitat's vulnerability to invasion. Enemy release hypothesis suggests that when a plant species is introduced to an alien habitat, herbivores and other natural enemies pay it a little less attention. So it is able to literally bloom. This hypothesis is predicated on three principles: natural enemies are important regulators of populations; they impact native species more than exotics; and plants capitalize on less regulation by the enemy. Lastly, the Niche opportunity model defines conditions that promote invasions, interactions between resources, natural enemies and the physical environment, and how these vary in time and space. In a human controlled environment like AAZP, such scenarios are unthinkable.
It is humbly submitted that, besides, pertaining to India, so far, our country does not have any exclusive national policy, strategies and legal framework to control and manage the IAS. In order to initiate such measures, the Centre for Biodiversity Policy and Law (CEBPOL), National Biodiversity Page 30 of 40 Authority (NBA), has developed a strategy and compiled the details available on the control of the five worst invasive plant species reported in India [Lantana camara, Prosopis juliflora, Mikania micrantha, Parthenium hysterophorus, and Eichhornia crassipes ; copy of the Report enclosed]. None of the 13 species as alleged by the applicant are listed here.
It is humbly submitted that, every effort is made by the Arignar Anna Zoological Park to maintain the forest character. Exotic species like Eucalyptus and Prosopis are being removed in a phased manner and indigenous species like Aegle marmelos, Azadirachta indica, Atalantiamonophylla, Ficus religiosa, Ficus benghalensis, Madhuca indica, Mimusopselengi, Pithecellobium dulce, Manigifera indica, Barringtonia etc., have been planted in the animal enclosures. Very few species which are naturalized to Indian conditions have been planted near the entrance and avenue areas to ensure green and fast growth in addition to improving aesthetic value.
It is respectfully submitted that Zoological parks are mainly focused on education and conservation of wild animals. That way Arignar Anna Zoological Park, Vandalur is considered as one of the well scientifically managed zoos in India. The zoo has animal species that are native to both Indian and foreign countries. In order to provide comforting environment to the zoo animals, the zoo management takes up several management activities like enclosure enrichment, display enrichment, natural barricading, maintaining vegetation etc., Planting trees are also a part of this. The species are selected based on the animal requirement and display purpose like Flowering or shade tree.
There was no violation with respect to the planting carried out by the Arignar Anna Zoological Park and the planting was done to compensate the tree cover loss following the Cyclone Vardhah. There was an immediate need to plant and to choose fast growing trees considering the rise in temperature during 2O1g & 2019. Similarly, drought resistant species has to be selected considering the water shortage prevailing due to drought in Chennai during these years. Accordingly, the tree species listed in Para 4 was selected based on previous year plantings also. lt is humbly submitted that people should also tearn about different types of tree species. Not all tree species whose origin is outside Asia continent is dangerous or invasive. There are many benefits drawn from these floral species too. So a tourist place like zoo should have both different types of animals and plants species to serve these purpose.
It is humbly submitted that, the area in the zoo has not been cleared to undertake planting. However, planting has been undertaken in the gaps and along avenues. The entire exercise is aimed at conservation and improving the green cover in the zoo by planting species based on animal requirement, flowering and shade.
It is respectfully submitted that the matter dealt by the applicant requires highest levels of scientific competency and qualification on matters of plant sciences in particular on plant taxonomy and invasive biology."Page 31 of 40
25. Heard the learned counsel appearing for the applicant as well as respondents.
26. Mr. A. Yogeshwaran, the learned counsel appearing for the applicant argued that the Joint Committee as well as the respondents were not justified in holding that the terms exotic species of plant is misnomer and that is not correct. In fact, this word has been understood in the common parlance as well as in the field of experts denoting that it is a foreign species and non-native species, not suitable for our condition. The policy of the Zoo Management is not permitting the exotic species of plants being planted which is having adverse impact on forest ecology and even if any such plants were planted, the same will have to be removed in a phased manner. Further, the articles and documents produced by the applicant will go to show the impact of such species and the possibility of spreading of those species in forest will have great impact. Further, planting such exotic species of plants in the zoo area will not attract natural birds and the same will have to be replaced with native plants or avenue plants so as to protect the ecology of the zoo or nearby forest. So, the learned counsel appearing for the applicant prayed for allowing the application.
27. On the other hand, the learned counsel appearing for the State Departments including Arignar Anna Zoological Park argued that most of the species categorized as exotic by the applicant has become neutralized or Indianised on account of their existence in India since long time and most of them are in existence in several places and it has no adverse impact on forest ecology or against the Zoo Management Policy. The Arignar Anna Zoological Park has obtained certificate of Excellency for its maintenance from the authorities on several occasions, considering the Page 32 of 40 manner in which it was maintained and the layout etc. has been made out. Further, none of the species planted in the campus were considered to be dangerous so as to affect the forest ecology, even according to the materials produced by the applicant. In case, later it was found that it was not suitable for the ecology of the forest and interest of animals in the zoo, necessary steps will be taken to replace the same with forest/animal friendly species of trees in consultation with the Zoo Management Authority and the Forest Department.
28. Considered the pleadings, documents produced by both sides, Joint Committee report and also the submissions made by the counsel for both sides.
29. The points that arises for consideration are:-
(i) Whether the applicant is entitled to get any of the reliefs claimed in the application?
(ii) Whether any further directions in the nature of precaution has to be issued to protect the zoo and forest environment?
Points:-
30. The grievance of the applicant in this application was that the 2nd Respondent was planting exotic species which are dangerous to the forest ecology and also not conducive for the animals in the zoological park. He had categorized certain species in the application and obtained certain report from a Botanist and alleged in the application that most of the species are exotic in nature and they are supposed to be dangerous to the forest ecology and the same will have to be removed.
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31. Further, it was also alleged in the application that this is also against the Zoo Management Plan issued by the Central Zoo Authority of India and as such, the same will have to be replaced with native/avenue plants, so as to protect the environment.
32. It is seen from the counter affidavit filed by the Respondents No.3 & 4 that as per the Recognition of Zoo Rules, 2009, Para 1 (2) of the Schedule under Rule 10 says "Every zoo shall, through proper landscaping and planting of appropriate species, provide a naturalistic environment within the zoo to enable the visitors to have communion with nature and get motivated for living in harmony with nature."
33. Para 3 (4) of the said Rule says "Atleast 30% of the area earmarked for the zoo shall be kept under green belt and natural vegetation and the area for animal housing shall not exceed 30% area of the zoo." Further, the Guidelines for Establishment and Scientific Management of Zoos in India (2008) deals with providing naturalistic environment in the zoo and the relevant paragraph which reads as, "Zoo should endeavour to maintain the basic naturalistic features of the zoo site such as water bodies, natural ridges and vegetation there on intact. Planting of bushes, hedges and trees should also be done wherever vacant space is available and maintain the same to serve as habitat for free ranging species of wild animals and birds."
34. As regards display of animals in nature immersing enclosures, the relevant paragraphs of these guidelines provided as follows:- "(1) Landscape around every animal exhibit/ enclosure should comprise of plantation of appropriate tree and shrub species of adequate extent and such shape that the enclosure should not be visible to the visitors from any place other than the animal viewing areas. (2) Page 34 of 40 All the hard exteriors of the enclosure i.e. the enclosure barrier and the frontage of the feeding cells, feeding kraals should be effectively camouflaged through planting of bamboo, dwarf tree species and shrubs. (3) Planting of appropriate trees and shrubs should be done around the animal viewing areas to break up the visitors into small viewing groups. (4) Visitors should be made to move through the green landscape around the enclosure for reasonable distances. (5) Planting, appropriate trees species should be done in the enclosure to ensure that entire animal enclosure is not visible to the visitors from any of the viewing points. The animal should be seen to the visitors in near natural settings."
35. It was alleged in the counter affidavit that Arignar Anna Zoological Park, Vandalur, Chennai obtained approval of the Master Plan from the Central Zoo Authority for long-term development of the Zoo for period 2013 to 2023 and as per the approved Master Plan of the zoo (Chapter - VI, Page 98 of the Plan) the following was noted, "Every effort will be made by the zoo to maintain the forest character of, the zoo premises. To achieve this goal the exotic species particularly eucalyptus, Prosopis and non- indigenous flowering plants/trees would be phased out in a phased manner and replaced with species endemic to the region. The trees in animal enclosures will be replaced with the species forming part of the animal habitat. Clearance of extensive areas for creating visitor facilities Large number of small sized lawns shall be preferred than having very large lawns."
36. The Joint Committee appointed by this Tribunal had visited the area and submitted the report which was extracted above, wherein they have categorically stated that most of the trees which were categorized as exotic species by the applicant have become naturalized species because of its existence in this area for long time. Invasive alien species refers to an alien Page 35 of 40 species whose introduction and/or spread if threatens the biological diversity of the region / habitat. According to the report of the Joint Committee, 13 species alleged as exotic in the application are widely planted as avenue trees throughout the length and breadth of the country for their aesthetic and other values, particularly in the human dominated urban and other species and they have also given categories of trees which have been so planted.
37. Further, even in the landscape management of the approved plan of the zoo has recommended for removal of exotic species particularly Eucalyptus, prosopis and non-indigenous flowering plants/trees and the same will have to be removed in a phased manner and replaced with the species endemic to the region. The trees in animal enclosures will be replaced with species forming part of animal habitat. Clearance of extensive areas for creating visitor facilities, large number of small sized lawns shall be preferred than having very large lawns.
38. Though certain species were mentioned by the applicant in his objection namely, Spathodea Campanulata (Item No.1 in the list), Millingtonia Hortensis (Item No.5 in the list), Bauhinia sp. variegate (Item No.10 in the list) and Couroupita Guianensis (Item No.12 in the list) are said to be not naturalized species and alien invasive species, they were not said to be dangerous to the forest ecology.
39. Further, the documents relied on by the applicant viz., Strategy on Control and Management of the Worst Invasive Alien Plant Species Reported in India, the following plant species were identified namely, Lantana camara, Prosopis juliflora, Mikania micrantha, Parthenium hysterophorus and Page 36 of 40 Eichhornia crassipes as dangerous species which is not conducive to the forest ecology. There is no scientific document produced by the applicant to show that the plants that have been planted are not conducive to the forest ecology and it will have any invasive effect into the forest ecology, affecting the natural ecology of the forest and it may have impact on the animals in the area as well.
40. Admittedly, certain flowering plants were planted in the visitor's area on the side of the road which is intended for the purpose of providing aesthetic value for the zoo and also providing shade for the visitors without affecting the convenience of the animal habitats in those areas. None of the plants which were planted can be said to be of dangerous nature to forest environment and it will not attract any natural birds or insects.
41. So, under such circumstances, except making certain vague allegations and relying on certain articles which are also not helpful for the purpose of coming to the conclusion that any of the species that have been planted in the Arignar Anna Zoological Park are having any adverse impact on the forest ecology as well as Zoo Ecology, we do not think that there is any necessity to issue any direction as sought for in the application, but at the same time, applying the "Precautionary Principle", we feel that certain directions can be issued for the purpose of selecting the species to be planted in future and also in tune with the directions issued by the Central Zoo Authority while approving the Zoo Management Plan of Vandalur and with that in mind, we feel that the following directions can be issued: Page 37 of 40
(i) In case, if it is found that any of the plants which are planted in the Arignar Anna Zoological Park campus were found to be not conducive to the forest environment in the future on account of their existence, then the Zoo Authority is at liberty to take action to remove those species and replant the same with native / avenue plants which are conducive to the forest ecology and conducive with the atmosphere for the animal habitats in that zoo.
(ii) In future, whenever they are planning to have any further plantation of any species of plants, then they are advised to prefer Indigenous and Naturalized species. In case new plant species are to be introduced to meet the needs of the Exotic Animal Species in the Zoo, then they are directed to consult with the experts in the field so as to avoid Invasive Alien Species even if exotic species are required based on the needs of the Exotic Animals in the Zoo.
(iii) The 2nd Respondent is also directed to plant only species of plants inside the Arignar Anna Park campus which are conducive for the forest ecology in the future.
(iv) The 2nd Respondent is directed to maintain the Zoological Park without affecting its ecology and preserve forest ecology and environment in such manner as to preserve forest ecology and environment.
42. The points are answered accordingly.
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43. In the result, this application is disposed of as follows:-
i. We do not think that there is any necessity to issue any direction as sought for in the application, but at the same time, applying the "Precautionary Principle", we feel that certain directions can be issued for the purpose of selecting the species to be planted in future and also in tune with the directions issued by the Central Zoo Authority while approving the Zoo Management Plan of Vandalur and with that in mind, the 2nd Respondent is directed to comply with the following directions:-
(a) In case, if it is found that any of the plants which are planted in the Arignar Anna Zoological Park campus were found to be not conducive to the forest environment in the future on account of their existence, then the Zoo Authority is at liberty to take action to remove those species and replant the same with native / avenue plants which are conducive to the forest ecology and conducive with the atmosphere for the animal habitats in that zoo.
(b) In future, whenever they are planning to have any further plantation of any species of plants, then they are advised to prefer Indigenous and Naturalized species. In case new plant species are to be introduced to meet the needs of the Exotic Animal Species in the Zoo, then they are directed to consult with the experts in the field so as to avoid Invasive Alien Species even if exotic species are Page 39 of 40 required based on the needs of the Exotic Animals in the Zoo.
(c) The 2nd Respondent is also directed to plant only species of plants inside the Arignar Anna Park campus which are conducive for the forest ecology in the future.
(d) The 2nd Respondent is directed to maintain the Zoological Park without affecting its ecology and preserve forest ecology and environment in such manner as to preserve forest ecology and environment.
(e) Considering the circumstances, parties are directed to bear their respective costs in the application.
(f) The Registry is directed to communicate this order to all the official respondents by e-mail immediately for their information and compliance of directions.
44. With the above observations and directions, this Original Application is disposed of.
Sd/-
.......................................J.M. (Justice K. Ramakrishnan) Sd/-
...................................E.M. (Dr. Satyagopal Korlapati) O.A. No.97/2020 (SZ), 19th January, 2022. Mn.
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