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1. The applicant, Dr. Kashmira Kakati, wildlife biologist claiming to be of international repute has initiated this action under section 14 read with section 18 of National Green Tribunal with a serious concern for protection of elephant population in the country and more particularly highlights the lack of legal mechanism to protect "elephant reserves" or "elephant corridors".

2. While raising several other significant issues relating to national conservation concerns regarding elephant reserves/corridors, which according to him, are prime habitats of these pachyderms also highlights the apathy of the Government in timely action. He has also highlighted the Government's unmindful and erratic grants of permission thereby allowing the private individuals and corporate bodies to carry out construction activity for an oil dispatch terminal in Golai Elephant Corridor; construction of a bypass through the forest which according to him is without prerequisite of Forest Clearance and bisecting Bogapani corridor which connects Upper Dehing via Bogapani tea estates through a rail line and highway; dumping of Digboi municipal waste in the reserve forest; discharge of coal mine effluents into the reserve forest; construction of private commercial business in the close proximity to the reserve forest and activities which destroy the pristine elephant habitat and endanger the contiguous zone for movement of elephants.

4. As regards aquatic life is concerned he has referred to 70 species of fish and crucial aquatic life forms which is now threatened despite several representations to protect the area. The area in respect of which he has sought first attention is South Brahmaputra elephant range known as the Dihing-Patkai Elephant Reserve established on 17th April, 2003 by the Project Elephant which is 937 sqm reserves according to 2005 census conducted by the Elephant Task Force. It has elephant population of 295. The East and the West block of Upper Dihing Reserve connected by 6-7 km stretch of patta land called the Golai Corridor.

38. Hence, to that extenT we reserve liberty of the applicant to seek any action in law in future if the circumstances warrants.

38. As far as respondent no. 8-Coal India Ltd is concerned the applicant's grievance against it is that it is operating its coal mines within the elephant reserve thereby directly adversely impacting the elephant reserve and elephant habitat. The applicant asserts that the mines of respondent no.8 is within the elephant reserve and is effecting the elephant habitation severely. Whereas the respondent no.8 has pleaded and brought on record that it is successor of the lease and is operating from 84 to 100 years and that its mining area is not within the elephant reserve. They rely on the inspection report of the team of Wildlife Authority of Assam who inspected the area and they are further placed on record that Bogapani Elephant Corridor is 20.71 km away and 71 km away and the Golai Elephant Corridor is 14.80 away from the nearest coal mines. The applicant has not disputed this statement. The applicant has also not disputed contention of the respondent no.8 that the coal mines are beyond 10 Km of eco-sensitive zone at Dihing-Pataki Wildlife Sanctuary. As is mentioned in the letter of the DFO, Digboi Division.

4) Conduct a Survey of the elephant population in each state and consequently declare the area surrounding thereto as eco-sensitive zone.
5) Declare south Bramhaputra elephant ranges know as Dihing-Patkai Elephant reserve established on 17th April, 2003 by project elephant as the elephant reserve/elephant corridor.
6) We Hereby restrain the Digboi Town Municipal Corporation from dumping municipal waste and garbage in Dithing-Patkai Elephant Reserve.