Madras High Court Orders Centre To Relocate 495 Families From Mudumalai Tiger Reserve, Says Paucity Of Funds Not An Excuse

The bench of Justice N Satish Kumar and Justice D Bharatha Chakravarthy refused to accept the contention that there was a paucity of funds and noted that when there was a primordial statutory duty, the funds available with the National Compensatory Afforestation Fund Management and Planning Authority (CAMPA) could itself be used for giving adequate compensation to the families.

“Thus it can be seen that when a primordial statutory duty is cast upon the respondents especially when the same is pursuant to the Directive Principles of State Policy, non availability of funds cannot be an excuse. The Compensatory Afforestation Fund itself was constituted by an Act of Parliament, pursuant to the Judgment of the Hon'ble Supreme Court of India, dated 30.10.2022 in T.N.Godavarman Thirumulpad Vs. Union of India and Others, wherein it has been categorically held that “to protect and improve the environment is a constitutional mandate, it is a commitment for a country wedded to the ideas of a welfare State”. Therefore, the Compensatory Afforestation Fund Act, 2016 under which, the National and States are constituted lieu no manner of doubt that the funds available in the National CAMPA Authority can be used for this purpose,” the court said.

The bench had ordered the relocation of Thengumarahada Village in the Mudumalai Tiger Reserve in June 2022. The matter was however pending for provision of funds by the National Tiger Conservation Authority which later suggested impleading the National and State CAMPA as the Tiger Conservation Authority had no funds.

The court noted that though the village itself was formed by way of State action through Government Order in 1948, leasing 100 acres of land from the Nilgiris Eastern Slope RF to the Thengumarahada Vivasaya Corporation, in 2011 itself, the Conservator of Forests had proposed to the Principal Chief Conservator of Forests, Chennai for taking back the land considering the huge man-animal conflict which was endangering a number of species and affecting the bioscope.

The National Tiger Conservation Authority informed the court that more than 70 crore rupees was required for relocating the entire village and that since it did not have any funds, the earlier direction of the court could not be complied peacefully. It was informed that except for recurring expenses and salaries etc, it did not have any funds. The NTCA also pleaded that the issue be left to the authorities to consider removing the villagers as and when funds are made available.

The State Compensatory Afforestation Fund Management and Planning Authority (CAMPA) informed the court that since Tamil Nadu was very conservative and does not convert the forest lands into any other uses, its share in the compensatory afforestation fund was extremely low and thus, there were no funds to relocate the villagers. At the same time, the National CAMPA informed the court that though it had funds, the same could be used only for specific schemes approved by the governing body of the National Authority.

The court, however, refused to accept these submissions and said that in view of the extreme urgency and critical nature of the issues, funds could be allocated from the National CAMPA.

“Merely because the Thengumarahada Village is located in Tamil Nadu and merely because the State of Tamil Nadu receives only negligible or minimum share in the CAMPA fund on account of its laudable policies of not parting with any of the forest lands, the avowed and noble purpose of relocating the Thengumarahada village cannot suffer. When funds to the tune of Rs.8154.84 Crore is available with the National CAMPA, which can be utilised for the present purposes and when the Union of India has the statutory duty, which statutory duty is pursuant to the manifestation of the Directive Principles of State Policies, considering the extreme urgency and critical nature of the issue, we hold that a direction is liable to be issued the respondents No.104 and 105 to forthwith provide funds by releasing the same to the National Tiger Conservation Authority/103 rd respondent, who in turn will release it to the fifth respondent/Principal Chief Conservator of Forests, State of Tamil Nadu so that the same can be immediately disbursed to the villagers and the relocation be carried out,” the court said.

Thus, the court directed the State and National CAMPA to release funds to the NTCA within a period of two months which could then be released to the Principal Chief Conservator of Forests. The court directed the sums to be disbursed and the relocation to the carried out within a period of one months thereafter.

Case Title: Manoj Immanuel v Union of India and others

Citation: 2023 LiveLaw (Mad) 228

Case No: WP(MD) 19771 of 2018