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NGT Directs Odisha Government To Notify Elephant Corridors Within Two Months
LIVELAW NEWS NETWORK
19 Aug 2021 4:55 PM IST
The National Green Tribunal, East Zone Bench, Kolkata has directed the Odisha state government to notify the elephant corridors in terms of the elephant corridors as identified by the Asian Nature Conservation Foundation (ANCF) and the Action Plan on the the time-line for implementation of the recommendations made by the ANCF, within a period of two months.Judicial Member, Justice B....
The National Green Tribunal, East Zone Bench, Kolkata has directed the Odisha state government to notify the elephant corridors in terms of the elephant corridors as identified by the Asian Nature Conservation Foundation (ANCF) and the Action Plan on the the time-line for implementation of the recommendations made by the ANCF, within a period of two months.
Judicial Member, Justice B. Amit Sthalekar and Expert Member Saibal Dasgupta passed this direction while hearing an application filed by Wildlife Society of Orissa (Elephant Corridors).
The applicant sought a direction to the Secretary, Forest and Environment Department, Government of Odisha to submit proposals for declaration and notification of 14 elephant corridors to the Central Government and a further direction to the Secretary, Ministry of Environment, Forests and Climate Change to take immediate action and to issue draft notification and thereafter a final notification notifying the 14 elephant corridors.
The Wildlife Society submitted that a Task Force was set up by the Government of India on recognizing the peculiar nature of elephants to migrate from one place to another place in search of fodder and propagation of species and such migratory paths are part and parcel of the elephant ecology.
This Task force was set up to determine the status and recommend measures for the long term survival and protection of elephants. The Task Force then prepared a report titled "Gajah" which was released in August, 2010 with several recommendations.
"... elephant corridors being a part of the elephant ecology needs to be prescribed and therefore, notified as ecological sensitive zones under Section 3 of the Environment (Protection) Act, 1986", the applicant submitted.
The NGT was further told that the Principal Chief Conservator of Forests (Wildlife)-cum-Chief Wildlife Warden, Odisha, had presented details of elephant corridors in the State of Odisha identifying the 14 corridors with a total area of 870.61 sq. kms having a length of 420.8 kms and a width of 0.08 km to 4.6 kms.
Thereafter, a "Plan for Management of Elephant Corridors across forest habitats in Orissa" was submitted to the State Government on 25.08.2011, the Bench was further informed.
It was the case of the applicant that the Principal Chief Conservator of Forests and Chief Wildlife Warden, Odisha had submitted a proposal to the Forest and Environment Department, Government of Odisha to notify 14 traditional elephant corridors, but till date no action had been taken.
The State of Odisha and other respondents had submitted before NGT in 2017 stating that a Memorandum of Understanding (MoU) was signed with ANCF which was given the mandate to identify the major and minor elephant corridors in the State of Odisha along with the work of assessing the habitat viability etc. and necessary action for notifying the elephant corridors which could be taken up only after receipt of the report of the Foundation.
Furthermore, an Action Plan dated August 10, 2021 was filed on behalf of the concerned state department with reference to the time-line for implementation of the recommendations of the report submitted by the Asian Nature Conservation Foundation.
Besides the elephant corridors identified by ANCF, certain other elephant corridors were also identified by the Forest Department as priority corridors.
While relying on the relevant portions of the Action Plan submitted before it, the bench disposed the application while directing the state government to take appropriate actions.
Case Title: Wildlife Society of Odisha v. State of Odisha & Others.
Click here to Download the Judgment.