Narendra Mishra, IFS-JH-1979 (Retd. ) v. State of Jharkhand
2017-03-28
D.N.PATEL, RATNAKER BHENGRA
body2017
DigiLaw.ai
ORDER : D.N. Patel, J. 1. This writ petition has been preferred with the following prayer: “That the petitioner is desirous of filing this writ application commanding upon the respondents to take measures as per law established to capture the ferocious elephant, so that life and property of the innocent persons be saved.” 2. Learned counsel for the petitioner has argued out the case at length and submitted that the elephant has been declared as the State Animal in the State of Jharkhand. 3. It is further submitted by the learned counsel for the petitioner that in 22 States of India, there are elephants and as per one Survey carried out by the concerned Ministry, total elephants in the country is 30,051, out of which, 688 elephants are in the State of Jharkhand which is approximately 2% of total strength of the elephants in India. 4. It is further submitted by the learned counsel for the petitioner that in last three years i.e. in the year 2013-14, 2014-15 and 2015-16 because of such type of elephants, several persons have lost their lives in India and more particularly in Jharkhand where about 175 persons have lost their lives. This data has been collected by the petitioner and, therefore, it is submitted by the learned counsel for the petitioner that let Section 11 of the Wildlife Protection Act, 1972 be scrupulously followed by the State and the report given by the Ministry of Environment and Forests, Union of India may be followed by the State of Jharkhand. Similarly, further suggestions have been given by the learned counsel for the petitioner for disposal of this writ petition so that further sabotage of the property of public of the State of Jharkhand by the elephants can be stopped and lost of lives in the State of Jharkhand can be minimised. 5. Looking to the counter affidavit filed by the respondent-State, it appears that several steps have been taken by the State for controlling elephants and to send their back in the forest area whenever they are reaching to human habitat area. The State of Jharkhand has also prepared a Scheme which is known as “Kunki Elephant Scheme” by which the wild elephants are being sent back to the forest area.
The State of Jharkhand has also prepared a Scheme which is known as “Kunki Elephant Scheme” by which the wild elephants are being sent back to the forest area. Similarly, there is another Scheme, floated by the State of Jharkhand, for compensation of lost of lives and damages etc., caused by the elephants in the State of Jharkhand. The compensation which is being awarded by the State of Jharkhand e.g. for lost of lives above 18 years of age, the compensation is at Rs.2.50 Lakhs, for lost of lives below the age of 18 years, the compensation is at Rs.1.50 Lakhs, for the injuries to person above the age of 18 years, the compensation is at Rs. 50.0K, for permanent disability, the compensation is at Rs.1.50 Lakhs and for damage of house, the compensation is at Rs. 5.0K to Rs. 75.0K depending on the type of houses and the extent of damage etc. There is periodical revision in the compensation amount also. 6. Looking to the facts and circumstances of the case, it appears that because of elephants in the State of Jharkhand, there are loss of lives, there is sabotage of property of rank and file of the State of Jharkhand mainly for the reason that the forest area is being reduced day by day. 7. It appears that now there is no need to further monitor this case. Nonetheless, we, hereby, direct the respondent-State: (a) Section 11 of the Wildlife Protection Act, 1972 will be observed so that there may not be any hunting of elephants except in exceptional cases, as stated in the aforesaid Section. (b) The report given by the Ministry of Environment and Forests, Union of India which is in the name and style of “Gajah” published on 31st August, 2010 shall be taken into consideration for protection of the elephants in the State of Jharkhand. (c) The State of Jharkhand will constitute a Conflict Management Task Force to reduce or minimise conflict of human and elephants in the State of Jharkhand. (d) Proper data base will be maintained by the State of Jharkhand for number of elephants, for lost of lives due to elephants, for lost of crop, sabotage of property of public at large because of wild elephants and number of elephants killed/captured etc.
(d) Proper data base will be maintained by the State of Jharkhand for number of elephants, for lost of lives due to elephants, for lost of crop, sabotage of property of public at large because of wild elephants and number of elephants killed/captured etc. This data base is a must in every district wise area to be maintained by the State of Jharkhand so that on the basis of data, proper policy can be enacted by the State of Jharkhand. It ought to be kept in mind that the policy ought to be drafted on the basis of correct data. (e) The main reason for movement of Jharkhand wildlife elephants from forest area to human habitat is that the area of forest is being reduced day by day, therefore, all care shall be taken by the State to maintain forest area so that wildlife animals may not come out of forest area. 8. With the aforesaid directions, we see no reason to further monitor this case and, hence, this Public Interest Litigation is, hereby, disposed of. 9. Accordingly, I.A. No. 2014 of 2015 is also disposed of, in view of final order passed in the writ petition.