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2017 DIGILAW 2193 (JHR)

Vikash Mahto v. Union of India

2017-12-19

APARESH KUMAR SINGH, B.B.MANGALMURTI

body2017
JUDGMENT : 1. We have taken note of in detail in our order dated 30.10.2017, several steps that have been taken by the Respondent authorities of the State i.e. Ministry of Forest, Environment and Climate Change, Government of Jharkhand towards protection of wildlife and tiger in the Palamau Tiger Reserve pursuant to our order dated 28.02.2017. However, as also observed earlier on the said date, the efforts undertaken by the Respondents are definitely continuous in nature and is a work in progress. 2. Respondents have filed further progress report in the matter on 12.12.2017. The matter was thereafter adjourned for today. A supplementary counter affidavit has been filed on behalf of the Respondent No. 3 to 5 yesterday in an effort to bring on record further details in relation to the management intervention for improvement of Palamau Tiger Reserve, referred to as Protection Plan, Water Management Plan, Grassland Management Plan and Eco-development Plan, etc. 3. We would advert to the latest affidavit later on. Before that, we need to make a mention of the aspects touched upon in the affidavit dated 12.12.2017. In continuation of the previous affidavit dated 20.09.2017, Respondents have indicated the steps towards construction of 100 multipurpose towers during the current financial year; Increase in hand held GPS foot patrolling up to 20121 km. Transfer of an amount of Rs. 44,44,600/- by the PTR authority to the Director, Wildlife Institute, Dehradun have also been made to conduct a feasibility study of tiger and prey supplementation in PTR. Maintenance work of 287 hectare of Grassland was completed against the target of 362 hectare for the current financial year, in regard to the Habitat Management. Whereas, against the planned creation/rehabilitation of 385 hectare Grassland, the achievement is 205 hectare till the end of November. In pursuit of the efforts for village relocation, authorities have met with success in respect of inhabitants of Kujrum village and were taking steps to motivate other villagers to relocate outside the Core Area of Palamau Tiger Reserve. Certain statutory requirement under the Forest Conservation Act, 1980 from the Central Government and Forest Rights Act, 2006 from the concerned Deputy Commissioner were to be obtained. Forest authorities are in consultation with the Deputy Commissioner, Palamau in respect of relocation and compensation of the residents of Polpol village. Certain statutory requirement under the Forest Conservation Act, 1980 from the Central Government and Forest Rights Act, 2006 from the concerned Deputy Commissioner were to be obtained. Forest authorities are in consultation with the Deputy Commissioner, Palamau in respect of relocation and compensation of the residents of Polpol village. One important aspects taken note of in our order dated 30.10.2017 relating to comparative study of different Tiger Reserves in the country have also been adverted to in para-13 and 14 of the said affidavit. We find therefrom that a Management Effective Evaluation (MEE) is undertaken for all Tiger Reserves every four years by the Wildlife Institute of India with financial assistance from the National Tiger Conservation Authority (NTCE) and Ministry of Environment, Forest and Climate Change (MOEF&CC) which evaluates the performance of Tiger Reserves under a global framework. Tiger Reserves in the country are grouped into five clusters based on the landscape and PTR falls under cluster III along with Achanakmar, Indravati, Kawal, Nagarjunsagar Srisailm, Satkosia, Simlipal, Udanti-Sitanadi and Valmiki Tiger Reserves. MEEs were undertaken in 2006, 2010 and 2014 and MEE process of the year 2018 has been initiated. Field visit to PTR has been undertaken by the Evaluation Team during 2-5 November 2017. MEE 2014 highlighted several management weaknesses which are enumerated at para-14 inter-alia, i. Adjoining Mahuaduar Wolf Sanctuary, not included as a buffer to Palamau Tiger Reserve ii. Critical shortage of staff members iii. Available field staff not trained in wildlife management of conservation, also unwilling and at time incompetent staff members posted in PTR iv. Aptitude for wildlife conservation missing; orientation of staff towards wildlife very weak. v. The posts are on annual retention basis and extensions are granted after the end of the financial year including that of the Field Director. vi. No plans/scheme for village relocation. The inhabitants of the local villages could be persuaded to be relocated outside the T.R. after consultation with the State Government. There are eight villages inside the core area/critical habitat. vii. Inadequate veterinary capability viii. Signs of biotic interference such as illegal felling of trees, overgrazing and infestation with weeds are visible. ix. Weeds such as Parthenium and Lantana camara are hindering the regeneration of native species. 4. The affidavit states that action in respect of point (i) would be initiated within the next month. vii. Inadequate veterinary capability viii. Signs of biotic interference such as illegal felling of trees, overgrazing and infestation with weeds are visible. ix. Weeds such as Parthenium and Lantana camara are hindering the regeneration of native species. 4. The affidavit states that action in respect of point (i) would be initiated within the next month. Substantial progress has been made to mitigate the weaknesses highlighted in points (ii), (v) and (vi) in compliance of the order dated 28.02.2017 of this Court. Further action in respect of Points (iii) & (iv) to enhance the training and know how on various aspects of Wildlife Habitat Management, Monitoring and Protection by way of interaction with field staff and other officers of PTR have been undertaken. Some of them were sent to Kanha Tiger Reserve, Madhya Pradesh for exposure between 21-23rd November 2017. Other steps including routine patrolling, intelligence gathering and sharing, wireless communication, Eco-tourism, Eco-development, etc have been undertaken. Staff were sent to Simlipal Tiger Reserve, Odisha and Manas Tiger Reserve, Assam to learn various techniques in the management of forest and wildlife in the tiger reserves. In respect of point no. (vii), Animal Husbandry Department has been requested to post a vet Doctor at Barwadih so that his services can be utilized by PTR also. Steps relating to restricting biotic interference have also been taken. Respondents have at para-15 indicated steps taken towards improvement of existing accommodation facilities in the financial year 2016-17 and 2017-18 for promotion of Eco-tourism at Betla. Phase-II activity will be undertaken in the coming financial year. It further indicates that Ecotourism sites are being developed by the Tourism Department, Government of Jharkhand as part of Eco-Tourism Circuit in Jharkhand under Swadeshi Darshan Scheme of Ministry of Tourism, Government of India. 5. In continuation of the previous affidavit, the present affidavit has made an attempt to delineate upon the statutory framework under Palamau Tiger Reserve i.e., a. Vide Notification dated 31.12.2007 and 14.07.2012, legal delineation and notification of Core and Buffer Zone have been made by the Department of Forest and Environment, Government of Jharkhand. 5. In continuation of the previous affidavit, the present affidavit has made an attempt to delineate upon the statutory framework under Palamau Tiger Reserve i.e., a. Vide Notification dated 31.12.2007 and 14.07.2012, legal delineation and notification of Core and Buffer Zone have been made by the Department of Forest and Environment, Government of Jharkhand. (Annexure-B & C) b. Establishment of Tiger Conservation Foundation vide Notification dated 20.01.2014 (Annexure-D.) c. Tiger Conservation Plan (TCP) as approved by National Tiger Conservation Authority (NTCA) vide letter dated 02.11.2015 (Annexure-E) d. State Level Steering Committee notified on 14.09.2015 in compliance of Section 38(U) of the Wild Life (Protection) Act, 1972 for ensuring coordination in protection, conservation and monitoring of tiger, other carnivores and prey base of these animals. 6. After creation of Tiger Conservation Foundation, the Governing Body of the TCF was also notified on 26.09.2016 and Executive Committee has also been notified on the same day vide Annexure-G & H. It appears from the statement made at para-9 that the Executive Committee of Palamau Tiger Conservation Foundation, at its meetings, discussed various issues threadbare and also passed resolution on various aspects relating to Eco-development in PTR for consideration of the Governing Body. According to them, Park authorities have been advised to visit the best managed Tiger Reserves of India to see their funding patterns, relative availability of resources and best practice within the next three months and thereafter, the Governing Body meeting will be convened to enable it to take informed decisions on the basis of inputs received. The affidavit further highlighted the necessity of relocation of villages within the Core area for Eco-development programme. We may point out here that the Learned Amicus Curiae has referred to a model for relocation of villages from the Core Area adopted in the Simlipal Tiger Reserve and suggested that it can be imbibed in the PTR also. As per the implementation strategy provided in TCP, Palamau Tiger Conservation Foundation has been accepted as the pivotal agency to undertake Eco-development and other related works in PTR. Further, in buffer area, micro planning with the active involvement of villagers and NGOs are said to have been initiated. Respondents are stated to have taken note of the Management Strengths and Weaknesses, as pointed out in the comparative study by the MEE 2014 while planning the recovery of PTR in 2016. Further, in buffer area, micro planning with the active involvement of villagers and NGOs are said to have been initiated. Respondents are stated to have taken note of the Management Strengths and Weaknesses, as pointed out in the comparative study by the MEE 2014 while planning the recovery of PTR in 2016. According to the Respondent No. 3 to 5, record funding has been provided for proper implementation of activities planned as per the Tiger Conservation Plan in the year 2017-18. The Affidavit reiterates the statement made in the previous affidavit in relation to other activities undertaken pursuant to our order dated 28.02.2017. It also refers to the global goal to double the number of tigers by 2022, where under PTR authority's aim is also to double the same by 2022. 7. The Tiger Conservation Plan (2013-14 to 2022-23) for Palamau Tiger Reserve has been placed before us by the Learned Amicus Curiae and the counsel for the State Mr. Rajesh Kumar, GP-V. Tiger Conservation Plan has been approved by the National Tiger Conservation Authority, Ministry of Environment, Forest and Climate Change, Government of India under the provisions of Section 38 O (1)(a) of the Wildlife (Protection) Act, 1972, as per the decision contained in letter dated 02.11.2015 of the Inspector General of Forests (NTCA) with several conditions. 8. We have taken note of the detail framework prescribed under the TCA as contained in its Chapter relating to Core Area Part-A; the Existing Situation and Part-B: the Proposed Management. Buffer Area Part-A: Existing Situation and Part-B: Proposed Management, Management Plan of Adjoining Area (Corridors) Part-A: Existing Situation. The list of annexures enclosed thereto provides details of several notifications, list of infrastructure, bio-diversity and availability of water bodies and waterholes etc. We find that TCA is a comprehensive document under the Act of 1972 to address all aspects relating to the improvement of PTR with the ultimate goal of preservation and protection of tiger and other wildlife within the reserve. The Respondent State has also laid down statutory framework by creation of Palamau Tiger Conservation Foundation, vide notification dated 20.01.2014 with definite objects and purposes. In terms of section 38(c) of Wildlife (Protection) Act, 1972 (as amended) 2006, Jharkhand Tiger Reserve Conservation Foundation Rules, 2013 has also been framed. The Respondent State has also laid down statutory framework by creation of Palamau Tiger Conservation Foundation, vide notification dated 20.01.2014 with definite objects and purposes. In terms of section 38(c) of Wildlife (Protection) Act, 1972 (as amended) 2006, Jharkhand Tiger Reserve Conservation Foundation Rules, 2013 has also been framed. The Rules provide for constitution of the Foundation headed by the Hon'ble Minister, Forest and Environment, Government of Jharkhand, Principal Secretary, Forest and Environment, as the Vice-Chairman, Principal Chief Conservator of Forest, Wildlife and Chief Wildlife Warden, Jharkhand as its Member Secretary besides various other members. Rule 5 also prescribes the duties and responsibility of the Management Board of the Foundation. As per rule-5(Ch), meeting of the Management Board of the Foundation are to be held at prescribed intervals, at least once in a year, preferably in the first month of the financial year. The Rules also prescribe creation of an Executive Committee which is chaired by the Chief Conservator of Forest cum Field Director, Palamau Tiger Reserve, Medininagar with the Divisional Forest Officer, Core Area, PTR as a Member Secretary and several other official representatives. The duties and responsibility of the Executive Committee have also been laid down. We are also informed that in terms of the Wildlife (Protection) Act, 1972, a State Level Relocation Committee has been constituted with the specific mandate to ensure relocation of the villages falling in the Core Area vide Notification No. 3255 dated 03.08.2017, which is headed by the Chief Secretary of the State and official member from various other departments like Forest, Road Construction, Welfare, Health, Agriculture, Energy, Water Resources, etc. 9. We have taken detail note of the aforesaid facts and the statutory regime created to ensure that aims and objects conceived under the Tiger Conservation Plan, as approved under the Wildlife (Protection) Act, 1972, are realized and implemented within a time bound manner. A legally enforceable statutory framework has been laid down with a laudable objective to ensure that efforts for conservation and procreation of Tiger and Wildlife do not suffer. We are yet to be informed as to whether meetings of the Management Board of Tiger Conservation Foundation and also State Level Steering Committee have been held as per the legal mandate. A legally enforceable statutory framework has been laid down with a laudable objective to ensure that efforts for conservation and procreation of Tiger and Wildlife do not suffer. We are yet to be informed as to whether meetings of the Management Board of Tiger Conservation Foundation and also State Level Steering Committee have been held as per the legal mandate. If the same have not been held till date, Respondents are obliged in law to hold its meetings at the earliest so that decisions are taken on all aspects of the matter and concerted efforts are undertaken by all the stakeholders for implementation of the Tiger Conservation Plan in right earnest. Otherwise the whole issue would be addressed in a piecemeal manner which is against the intention of the policy maker and statutory framework provided. We therefore direct the Respondent No. 2 and 3 to 5 to file their respective affidavits in the light of the background facts and the legal framework discussed in the foregoing paragraphs of the order passed today. 10. Post the matter on 23.01.2018 as unfixed case.