SC stays Assam Cabinet decision to denotify Pobitora Wildlife Sanctuary
The Supreme Court on Wednesday stayed the decision of the Assam Cabinet for “withdrawal” of the notification of the Pobitora as a Wildlife Sanctuary in the Morigaon district of Assam, asking the state government to file an affidavit immediately on demarcation of the territory of the wildlife sanctuary and declaring its Eco-Sensitive Zone.
A division bench of the apex court comprising of Justice Sandeep Mehta and Justice BR Gavai asked the state government to settle the claims and rights of the people under Section 26 of the Wildlife (Protection) Act, and not to resort to de-notification in the name of “withdrawal.”
Hearing the interlocutory petition (No 85124) in Writ Petition 202 of 1995 filed by environmental activist Rohit Choudhury, the Supreme Court said no further action should be initiated by the Assam government for withdrawal of the notification declaring Pobitora as a wildlife sanctuary.
The court also asked the Assam government to immediately file an affidavit-in-response on the demarcation of the wildlife sanctuary boundary based on the 1998 notification.
Choudhury filed the writ petition in the apex court seeking the court’s intervention to precisely demarcate the boundary of the Pobitora Wildlife Sanctuary without any further delay.
The court fixed July 24 as the next date of hearing of the case.
The apex court on February 14 asked the government to file the affidavit within a week, which was not complied with by the state government.
The court also directed the state government to remove all encroachers and ensure that all illegal activities in the wildlife sanctuary stop forthwith.
The court further directed the state government to hand over the control of the khas lands which form part of the notified boundary to the forest department.
In addition to this, the apex court directed the government to declare an eco-sensitive zone area around the wildlife sanctuary.
Instead of filing the affidavit, the state government on Monday submitted an IA petition forwarding the cabinet decision for withdrawal of the 1998 notification.
The state government submitted that the rights and claims of the people were not settled by the forest department before issuing the 1998 notification.
The SC bench refused to accept the cabinet decision and asked the state government to file an affidavit on why the boundary of Pobitora Wildlife Sanctuary was not demarcated even after 26 years.
Notably, the Assam Cabinet on March 10 resolved to withdraw the notification No FRS.1919/87/152 on March 17, 1998, issued by the commissioner and secretary of the state forest department for constituting Pobitora Wildlife Sanctuary in Morigaon district of Assam.
The cabinet note said: “It is revealed that the matter was not placed before the Cabinet and also no approval of the then chief minister was taken in the matter. The forest department had no jurisdiction over the government khas land which was included in the wildlife sanctuary by the forest department.”
“The rights of the affected people were not fully settled, especially people residing in the area before the issuance of the notification Pobitora Wildlife Sanctuary in 1998, including people belonging to the deprived and marginalized section of the society such as SC/ST etc,” the cabinet note said.
“The final notification included some villages including Thengalbhanga, periodic patta land of No 1 Murkata, periodic patta land of Raja Mayong village which were to be excluded without setting the rights of the villagers who inhabited the area, belonging to SC/STOBC and marginalized communities and have been residing there even before independence,” it stated.
“After due deliberation, the cabinet held the view that the notification constituting Pobitora Wildlife Sanctuary in 1998 should have been issued after due consultation with the concerned departments and addressing the rights of all the affected people in a lawful and humanitarian manner,” it also said.
“The cabinet held the view that in light of the facts and circumstances of the matter leading to the issue of the final notification of Pobitora Wildlife Sanctuary on March 17, 1998, the said notification declaring should be withdrawn,” it further said.
“The cabinet at the same time also observed that it is important to declare the Pobitora area as a wildlife Sanctuary given the large number of rhino population that it houses together with a substantial population of other wildlife such as wild buffalos, leopards, wild boar, barking deer, which needs protection,” the cabinet note stated.
The cabinet also formed a five-member committee headed by special chief secretary MK Yadava to examine all the relevant issues in detail and hear the affected parties on their rights and claims and all requirements of the law. They will suggest mitigation measures to all the people likely to be affected by such a proposal of Pobitora Wildlife Sanctuary. The committee will submit its report within six months.
“The cabinet was also of the view that the fringe villages of the wildlife sanctuary proposed to be notified should be treated as active partners in the wildlife conservation process rather than treating them as adversaries in an insensitive manner,” it added.
On Wednesday, senior advocate Shibani Ghosh attended on behalf of the petitioner Rohit Choudhury while the state government was represented by Subhodeep Roy.
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