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Showing contexts for: elephant in M.Guruchand Vaid vs Collector Of Nilgiris District & on 30 June, 2023Matching Fragments
27. It is further submitted that even if the petitioners land is part and parcel of Elephant Corridor, the Annexure-l of the G.0.MS.NO. 125 Environment and Forests (FRS) Department dated 31.08.2010 _____________ https://www.mhc.tn.gov.in/judis specifically with regard to the ownership has stated that Elephant Corridor is only as a management activity to take care of the welfare of the elephant and other wildlife and that the notification of the Elephant Corridor has nothing to do with the possession, legal ownership and rights of the petitioners and that the Petitioner is at liberty to use his patta land which is falling in the Elephant Corridor area without infringing the movement of elephant.
100. A map of the Elephant Corridor in the Sigur Plateau in Nilgiris region was also filed by the said expert Committee before the Hon’ble Division Bench of this Court. Noting that the State Government was responsible for notifying Elephant Corridors within its territory, the Hon’ble Division Bench of this Court on 03.12.2009 directed the State Government to choose one of the maps for the Elephant Corridor out of either the one identified by the Expert Committee or the one identified by the Wildlife Trust of India’s publication “Right of Passage – Elephant _____________ https://www.mhc.tn.gov.in/judis Corridors of India”, which was referred to in the Central Government’s letter dated 11.08.2006 to the State Government of Tamilnadu. This order also directed the State Government to file an affidavit disclosing the actions it intended to take against resort owners and residents of the Elephant Corridor.
123. Relevant portion of the order dated 14.10.2020 of the Hon’ble Supreme Court reads as under:-
38.Conflicting maps of this corridor were presented before the Madras High Court, which thus directed the State Government to choose between: (i) the Elephant Corridors identified in the Wildlife Trust of India’s book titled “Right of Passage – Elephant Corridors of India” which were referred to by the Central Government in its letter dated 11.08.2006 to the State Government; or (ii) the single Elephant Corridor identified by the Expert Committee appointed by the High Court. As per the aforesaid book titled “Right of Passage”, the following 4 corridors lie in the Sigur Plateau region: (i) Avarahalla – Sigur, (ii) Kalhatti Sigur at Glencorin, (iii) Moyar – Avarahalla and (iv) Kalmalai – Singara and Avarahalla. The Expert Committee examined all the Elephant Corridors in the area and _____________ https://www.mhc.tn.gov.in/judis identified a single Elephant Corridor comprising of various Elephant Corridors in the Sigur Plateau region. The State Government, vide the impugned G.O., notified this single Elephant Corridor, along the lines of the recommendations made by the Expert Committee.
7)It is respectfully submitted that, the petitioner's land in New Survey number's 275, 274/1, 249 & 252/2 of Masinagudi Village was notified in Elephant Corridor area vide G.O.Ms.125 Environment and Forest (FR.5) Department dated 31.08.2010 for establishment of Elephant Corridor area comprising Sholur, Kadanad, Masinagudi and Hullathi Villages of Udhagamandalam Taluk. Further, the same was notified in the Nilgiris District Gazette No.3 dated 01.08.2011 by the then Collector of Nilgiris. Hence, the petitioner’s contention is that the new survey numbers 249 and 252/2 of Masinagudi village is not part of the Elephant Corridor is totally wrong. The petitioner is fully aware this fact and has submitted false information to the Hon’ble Supreme Court of India and to this Hon'ble Committee. Further it is submitted that in the plan of Action of the then Nilgiris District Collector, the petitioner's said land comes under the Estates/ Plantations Sl.No.1., Singara Estate, Masinagudi. The petitioner's land falls within the Elephant Corridor area and surrounded by all the other survey numbers which are covered in the Elephant Corridor and is quite obvious that the extent of the New Survey number's 275, 274/1, 249 & 252/2 has been Included as a composite field of the Elephant Corridor area which is well known to the petitioner.