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Easements (Extending Act V Of 1882 )
Article 51 in The Constitution Of India 1949
Article 48A in The Constitution Of India 1949
Essar Oil Ltd vs Halar Utkarsh Samiti & Ors on 19 January, 2004
Center For Environmental Law, ... vs Union Of India (Uoi) And Ors. on 7 November, 1997

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Karnataka High Court
Suo Motu vs The State Of Karnataka on 25 May, 2009
Author: P.D.Dinakaran(Cj) & V.G.Sabhahit

IN TEE HIGH COBRT OF KARNATAKA AT BANGALORE K _,

DATEQ THIS THE Q-*5* DAY OF MAY, 2009 -- V Peasant _ _T__T lrgpQg._

THE HON'BLE MR. P.D. DINAKARAN, CHIEF Jusj·1c:f.»z_ ° Y · .`"` f AND ~ `'`0'

THE HON'BLE MR.J8STICE

WRIT PETITION Ng.1402g $@2008 [AGM*RgS*£;L1"··· · V Between: _ v____` W`

Suo Motu . Q ·l0V ' TT

». ' i Z ·.W_ * g ...Petltioner

And: , I 'V--T -- --._ V T ·

1. The State of §<arnaital{a* ig H Represented bythe C_hief3Sec·retarg¤_ ~ _ V Vldhana Soudha ` _

Bangalore 0 _ --,_V

2. Principal Secretary if ' ·,V¤ A W Department of_E`<:ology, Forestand"Environment M5. Building, Vidhana Veedhiov

Bangalore ` TT V

3; `4 The Chiieét Conservator of Forests *Depa:tme:1t of Eorest

AranyaBhava_n»

T 18*** Cross, Mallesw;lr·am

S T Bangalore --~ 560.003

y _ The Deputy Qtlonservator of Forests Tg ' _`De;:artment..of Forest . '

_MvS0re--T_

T lo.i __liV " Koclagu Model Forest Trust ' A registered Trust

__ <.QoII`ege of Forestry Campus

s to ooooo T l o T

IO

toll of the bull population. Given a birth rate of one calf every 5 years by a mature female, an elephant population `) can be expected to be growing when the adult female.,) "''·-- Q mortality rate is less than about 2.5 to 3% per year _ Sukumar, 1989, The Asian elephant. Cambridge it ° · .V t University Press). The elephant mortaiitytin `_bKarnata_l<a` `._ A , during the past 6 years for comparison; assuming) a tota`l{__ '·'-- . at W`'s. Q population in the state of about 4500Velephants, AV the '. V` mortality figures indicate thatlthe overall __`( without J ` differentiating male and female) death .rates`in. the last few years have been around 2·Ato_ 13%. Thus, themadult female death rate is almostgtceltainly less"-than 2% per yeai; implying that the population is_capabie__ of growing in spite of the iossoaimiis to pclaching. .. ` 8.2.4. 1--1x<;i--1__eii.)E_i:·i-i)¤».i~:#i* ozasisrwl With regard . to fr-the. problems associated with high eiephaat density, it iS e.-elpaimis hereunder: Q * . A ""li{ephants keystone species that modify their own 2 habitat Wnimiiin turn facilitates creation of resources for Z other species .A_' {jones, et al. 1994, Organisms as ecosystemengineers. Oikos 69: 373-386). While such 3* __ j impact can enhance or maintain biodiversity, elephants at gg thigh densities can also potentially have an adverse impact habitat and that of other species in certain Ai ' *8. habitat and climatic types as in African savannas (Fritz, et 3 ' ` al. 2002, the influence of megaherbivores on the ._4A q·'··1 an

1 I

abundance of the tropic guilds in African ungulate communities. Oecologia 131: 620 ·-- 625). Studies done in Mudumalai Tiger Reserve (Tamil Nadu) which is J adjacent to Bandipur NP have indicated that-_a»T i`'·· 4 density 0f more than one elephant per sq 4 make a significant impact on certain species of 4 44 i 44 plants (source: Daniel et al. 1994, BNHS repo4rt)4though" ` A some of these plant species may alsoregigneiateistronglyqi` '·'-- . s V`'ac in the longer term even at high elephant densities {data `4 V` 4 from plots maintained by 1iSc 4ieA at Mudaimelai)4, `The"` J ` relationship between elephantsand their habitatsiis thus complex, and the .iifhican'obse4rviatior:s may not be entirely appropriate for theqindian. situation. .4 Current elephant densities in the QW`i*l'ilgiris--Mysoi·e··Eastern Ghat landscape and the total..pigpulation is - also large. V__` `'--:_ _ ._ V W6 `D€€d_ 9 €'éF¤é` _What our biodiversity consewaiiaii objectives . Jfor various areas with elephants. _theri need S to formulate management 4 ~ w _4stra:feg;riesA4Von44how best this diversity can be maintained in V an.elepha.nt~iinhabited landscape as current landscapes 4 sarenot the ilaige- ecosystems they once were and are V -- 4 morelikely prone to irreversible changes. - W'», _ Carrying capacity is dilticult to assess; while _ 4 W ,4 ·ii· 4 .4 A WW__ 4 t·iephq¤i5 "damage" mature and recruitment class trees 4, .. . .. 1 4"`i-- _VV"` , {alse sap/ings for some species), the impact of iires and h climatic factors can also be considerable. ,,.,,

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xx xx xx

The issue of "carrying capacity" is contentious, " even in the African context. Indicators of carryingii '··.. capacity could be irreversible declines of favoured '`°` tree . species of elephant and/or dispersal of elephantsffrorn. A their normal home range or habitats. , ~·~·-- _ " ' (_ it .4 Unfortunately the concept. ` population aw ii management is largely missing from ti2eumanagie.v7aen_t__ ] concepts in India. There is an urgent need to change this and bring about a more piagmatic.4 approach--~4to conservation management? _ ig * .l_i V _ 8.3. ELEPHANTi`HABITAT$"@ a·._ Y VV_` C On status of ielépiiant _habitats, the report reads as hereunder: . . . '

"Ove`iL__ time, _ elephant habitat has been shrinking due tolconversion of forests to non--~forest J "·.useV.__é{'i.e.._ forests on private and revenue land, _ reserve _forest.--s__ diverted for developmental activity . V or 'encrcached'}. For example forest cover in Kodagu ' l has,ae¤li¤ea__rr6m 2566 kmz in 1977 to max km.2 in Q ._ 1997, more than 18% loss in a span of 20 years (C. 4'"' iv Eloiiard, 2000 Transformation and Degradations of " ·..g ` ·--.. i Natural Forests, in Ramakrishnan, P.S. Chandrashekara, LLM., Elouard, C., Guilmoto, C.Z., Maikhuri, R.l<., Rao, ~· »»·--·a»~ "'''''''

13 g

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i<.S., Saxena, K.G. & Shankar, S. (eds), Mountain Biodiversity, Land Use Dynamics and Traditional Ecological Knowledge. Oxford and India Book House, New _, Delhi, India). Habitat has also become increasingly fragmented through such activity. Increasingii at human activity in elephant habitat (e.g. heavy ·',4 traffic on forest roads; human presence) is · _ _ hindering their free movement Nanduse of ' 4.__ henna; by Yr` *,i,,_'i=Q"QW `

Fragmentation of habitat results in if T creation of habitat patches ___Wh thai·».__may'~nqt Vibe adequate to support fthe °r population contained in them. Giventheirlarge name ranges and resource requirements home ranges W``i rn ayleyttend beyond a single habitat*patchQ_ This could in the creation of - pocketedb populationsitor populations that move between habitat patches human _ use areas during their V movement betweeiv habitat-pabtches. In both the cases HEC will be bseverelandl long-term viability of the V ~ » relephan tl popula tion ic. compromised. AQ gb ¤ --·h' · Loss and fragmentation of habitat are largely X `,'p¤'a)·ly planned development or illegal activities;'Inttegrated land use planning and more - h'», e ffective"; law enforcement should be able to _ 4 { A -. { T hV_g omitigatebthis problem toa large extent. in addition to loss and fragmentation, the habitat r ' ` has become increasingly degraded due to biotic , , ,c, ,

__ · éjgixwtv/»· '"`

14

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pressure from surrounding human populations (e. g., over--grazing by cattle, fuel wood collection, " anthropogenic forest Hres). Invasion by exotic weeds? '·~.. like Lantana, Eupatorium and Parthenium na;;'ai5q» . 1 degraded the habitat significantly. Lantanaljhas, if V · .`¤¤ (W aggressively invaded large areas--of _ thewforestsy 4_ so . so ,4 so thus reducing the palatable forage ,sy.»iei;ia `'*i for`Q__ ·~~, _ at l`'--c_ 1 wild animals. Forest fires (largely*of anthropoggenic y origin) that reduce dry season fodder and `aVlso··· " suppress regeneration also contribute to habitat degradation (Daniel, et ai.;.._198?i. only Fuel wood collection can only minimized when local people shiftto; alternate sources of fuel. _ A very good of lsucha shli t is iinlJBandipur NP where Wamrna sgiisghhgw has nvanaged `tonwean away more than if nearlym 190 villages along

eandipuk. NP4bounda_iy; bynsiipplying LPG. The sustained efforts needed and 4`the ijeroblems that need to be overcome to" executeeand maintain such a huge V ~ = _Vund»:§rtaking are many,. but this is the direction we need to V move in.--A_o$irnilarly cattle can be reduced and Z eliminated iffalternate sources of livelihood that V -- V enhance thestandard of living are given to people. - W'--, _ Weeds need to be tackled in a very serious _ 4 Wl 4 { ' WV_o ormannerylin the short term critical areas for wildlife j ~ , .. 4"'e. _WW"` , needs; to be cleared of weeds. Unscientific and h hearsay information that indicates weeds as being ,,

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beneficial or that they are an integral part of the evolutionary process should not find place in management. Given the small patches of habitat we ·* have remaining for wildlife and the small populations of »--.__A endangered species, there is little room for errorsjtiiatge, 1 could undermine existing conservation efforts. If at a_later._ R V · .l`` gv W ' date data can be found to support the need Vito ` h.3t»e"· .gg weeds in our forest, it would not take great efforts. M ._._ g [ `*»_gg é` reintroduce them. For the moment we need tot wori: V towards minimizing weeds, `R . g ' ,g _ ' In addition to si2e,_ the shape the habitat patch also has a bearing on itslsuitability as an elephant habitat and biotici pressure that is exerted on it the surrounpding-h_umanpopulation (D. Boominathan, Mohanraj, 4T. and A. Desai, 2008. Tconflict in Somwarpet Sub-

Division;'{Madikeri` forest_4`Dix}ision). Report WWF--Asian Rhino andwblephant 4;'!c·tiori--.VVStrategy. WWF -- India)). Poorly shaped, habitat patches become unsuitable _--· = las ,'gg`elep_ha,nt habitat, because they cannot encompass an entire intact home range without Z significant of it having been converted to ' , human usevqanid they have almost their entire area --g exposedggtofqhuman pressures as no part of the gg ~ ~ .' `"habitat may be beyond human reach (Boomlnathan et *·__ `~Va.'._g2008). Bannerghatta NP is an example of such an - .s.' arpa gg g gg

R · W -- I b e ,... ,,.....,,....,., . -

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8.4.1 HUMAN-ELEPHANT CONFLICT (HEC):

The report further states that Human-Eiephant (HEC) is a major obstacle in the elephant conservation antlas _"`` r result, the retaliation killing of elephants~is` inqreasingiover time l` clue to the increase in socio-economic) vaspirationelof hunrrain he being. ( r 4l)` ll . `

8.4.2. RETALIATIOl~!i_KILLjZN(§ ELEPHVANTS: With regard to thereta`li"atien4"'k.iil.ling. the elephants, itis reported thatzy ·ll~ ' _; [ l Wetaliaition geersriyo the last resort for farmers, and itil- originates " from severe HEC situationsytluat are, beyovnd the means of local farmers to resoiveh,by` their own efforts. So the first V .4 » _ step'·wo;ild_Vbe to put in place proper HEC mitigation - mechanlismsand then use strict law enforcement to _ ensure that no retaliatory killings take place. ' ( ' ».___ Therefls also a need to improve the capacity - ·,_of veterinary doctors dealing in such postmortems v_ 4 if A -. { ( VV_e eso thats they have the specialized knowledge in V ee 4"'e. _WV`' W detecting the exact causes for death in elephants. .

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All relevant samples should also be collected for full and proper investigation. . `S

8.4.3. ELEPHANTS FALL VICTIM TO

AND EXPLOSIVES: ° W » .`¤` é`

In addition to retaiiatory killing eiephantsq _V elephants also fall victim to xpovver-linesl ··,¤ ._ explosives set for wild pig. Depreriation crops b`y*.__wild V pigs is a serious problem in mostareas. Asatherez isnou real effort to protect pigsyvfarmeis tendto protect. their I crops by illegally tapping electricity: 'i€ro"rn'the mainline or use explosives hidden in "food_` items _Q'<ill pigs. Elephants become unintentinnaliiictims· when they come in contact eyvithithev powesffences; these lines are set at just gro-undyand elephants can easily s_tep"oveiriVthen%."Assuch istonly accidentally that elephants .CO.»¤ek contact with them. Similarly explosives hiddeniilsge foodlitems (e.g., ragi balls and wheat balls) 4`are set for pigs but elephants become _. accidental victims yvhen they come across these VW items to eat them. The explosion severely lqagjages theélmouth and tongue and can even break the __ jaw. ¤Elepi§a'ntS usually starve to death after such ¤ _ injuries." -

4 5 4. ·lq` BUILDING AWARENESS ABOUT THE , .. . __ 4`Vg · A.VV.. HARM:

.... . ..,.

20

we

and Williams et al. (2001) support this view and clearly indicate that all elephants in certain populations do not he raid crops, only some do, thought in some regions of the "''·· _ country as in northern Bengal all elephants may _ in raiding to varying extents (Sukurnar, Roy, Baskaran et is B » ts l ss al. 2003. Study of elephants in the Buxalelaldaparae ` A Reserves, West Bengal. CES, IISc, Bangalc{re).' h` , V r `V`' '·'-- . S V`'s, Males have a greater propensity to raid on, »; average in more intact habitats.; (Sulcumar, 1989). Dispersing males may " encountere,`agriculture 'when establishing their new homeiranges B}"7bl`VB*Vl$Q·Wl.QBfD to raid crops through their associations witb ohtherecrop raiding males. Males areialso b.etter..V.able l·'` toj ekplolt degraded areas around hisimanfs use areasf clue their solitary nature and ib.ecause;*of ti':eir.large·,--..bo:dy size. This could bring them ia:¤gig;»aaté·ii· conflict with agriculture. However, in areas where severe compression of _, elepl*:§3nts* into Vsrnaller habitat fragments occurs, the _ be Vvresultanthigh'densities or high levels of habitat loss and fragm`entation` would affect all elephants in that area and then*-- all ' are `g`>lil<ely to be affected adversely and > V _ consequentlyall are likely to raid crops (Desai, 1998)/' s , _ sc, , ,,.,,.. , ,

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8.6. DEARTH OF STAFF IN FOREST DEPARTMENT: The report further reveals that there is dearth of stef? in the Forest Department required for etephant con.seryfation` and the same has to be attended immediately. V 4 4 8.7.1. SHORT TERM AND LONG TE`RM_!f4fEA$URES" ` The report also provides reco4rnmen·datl.o`ns for4lshort--¥term A and long-term measures. V * it at 8.7.2.. si-ionr TERM MeAsuResQj»,

As a short-term measure.`il;~is re,cornmeri4ded» as follows: (i) Tolill`·up'·.raca.ncles vv`` l

(li) To payreasonable4compensation---- both for the crop 4 __ ,]_4damage andhuman injury, which should be made V` _4 ° e>€p4ediVtiousIy by the Deputy Conservator of `"F0rest.s`,·.4w'h4ich would avoid distress among the = °vlctirr:s..of.crop damages and human injury. 4 4 4 (ill) Th`e._faciIity for mobility should be increased. » -.V' {iv) V._Loca| volunteers should be engaged in the V li ii~` surrounding villages to deal with the human---- .-- 4 Vl4V ` .. I elephant conflict. r.,.r»?..;x4 gw as ..a.l l.. a t ...

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(v) Flying Squads in the sensitive region should be provided with the wireless equipped vehicle, arms and ammunition. _ "

(vi) Wildlife laws should be strictly enforced. _ .··ii I if V (vii) NGOs should be engaged to create awaren,ess_,·--.a_nd_ii' A, i ' _ (viii) Efforts should be taken to maintainthe 1`nabitatlof=, --.--_ _ f ``·..A fl elephants. . °

8.7.3. LONG-TERM MEASURE-Si iq

(i) Providing of Eiephantfinroof andhigh voltage electric fences; . 1 * · i .__éi yy ii --_ (ii) Introducti~o`n° ba rriers inga 'phavse<:i, manner; (iv) Integrated --._l~ I`ane'-u'se°="`planning in elephant landscapes; _ lu VV

Y ° ¤ (v) n'°Pop.ulation management; and V ,(v`i), 2 ` Institutional,strengthening and capacity building; V 9.9 Thereafter, the matter was adjourned to 9.4.2009, on _ ` ggdatewidr. M.R. i\laii<, the learned senior counsei and Dr. *'i. · _`V· ¤"C.i--i. isaissatppanavar, Retired Forester and Wild~--iifer who were W1_` ggrmyatréa to assist the Court, submitted that the report dated WMM. ,,.,,,.,...... .

` 23

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11.3.2009 filed on 12.3.2009 referred to above, cioes not refer to the directions of the Supreme Court rriade in connectionivvith the protection of elephants. Hence, the matter adjourned to 13.4.2009 to enable the Government··ais..wellas Mr.4 iVl.R. Nalk and Dr. C.l--t. Bassappanavar to fiiielfa acornprehensive rl "`·-._ é` rspm- l

10.1. On 17.4.2009 the ···* .l Governme'nt- tiled a Comprehensive Action Plan for _conser5Q·ationi·»and protection of elephants and other wildlife it

10.2. The tiled i1Tl.4.2009"`reads as hereunder: Ciovernment-of Karnatalra is fully committed for the conservation ofelephants and other wildlife and proposes a _tlmelibot;nd action plan as per the _, ._ directions of the, Horrble Supreme Court and the V Vrecommendahtinns of the various committees constituted to study the problem.

QA , _"W Government of Karnataka has duly » · _ 4 implemented the directions of the Hon'ble Supreme 5 _ _ ll`' ,1Cnurt some of which are listed below: I Constitution of Wildlife Advisory Board - d W ». M Government of Karnataka has in the recent years

24

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. constituted the State Board for Wildlife headed by the Hon'ble Chief Minister. The State Board for Wildlife was constituted on 17~O6~2006 under the Chairmanship of Sri " H.D.l<umaraswamy the then Chief Minister. A meeting.? '·~.. was also convened on 19-07-2005% Recently the__State'-- . Board for Wildlife has been reconstituted on U2~O3~2_OU9.·. A ' -- r The meeting of the newly constituted. ·Wi.ldlife ·B¤ai--¢: r_will` it __ an A 2 ,4 be convened shortly. » ``'e ···. _ at V'·._ I Appointment of honor;-iirytwildlife wardens ·; . ' Government of Karnataka has bee`n._regularly·appointing honorary wildlife wardens, Thevlatest order appointing . honorary wildlife wardensrwas issued on*22.eu2~2007 and O2~O8~2007. __ H V ..gg -- `

Wildlife Section 21 § rHnral` `notification - Governinent of l€'arnaVtarka.ihes¤issu--ed linal notifications for all the 5 national parksand Ztwildlife sanctuaries. _ De-notification Protected Areas -- » _VGovernrnent_V¤of Karnatalaa will follow all the procedures laid down forétlie de-notification of any Protected Area. rwildlifer(Protection) Act --- modern arms to * , Forest Guards -- A total number of 570 arms with g ' ·.'j;"--._r`rlarnmunition have been given to the forest ofiicials. This ,. {includes 342 double barrel guns, 129.315 rifles, 11 r . Q ' t. A i »»a»a·e»·»--»a~ rr··

25

pistols, 11 revolvers and 77 latest slide action guns procured from the United States of America. -- to Number of forest officials has been traine"d*in`* » g use of weapons from 2005 onwards. A ° -- 4 A Live stock immunisation ·--- immunisation, of cattlehinyi .___ `··_ and around Protected Areas is done regularly to prevent V any breakout of communicable °diseases_ to the --Qwild_._ animals from the domestic cattle;·--._g 82688 cattle were immunised during 2008-0:9,in variousfrotected AFQBS of the State. A list of cattle irnmunised o'ugring-- the last 4 years. _. H P ..__ · `

Registration weapons Duringhthe last couple of years the__ Dl$$'rictx`Administration} and local Forest Ofhcersare foixaardingh letters seeking permission of the Chief Wildlife Warden for issuing of weapons licence. Chief Wildlife Warden hafteryerihcation is either permitting or rejecting these `requestsl Action also will be taken to if * ,seeYtliat;g_.the.,_old licenced weapons with the people living _ within 10·!(ms;~ radius from the Protected Areas will be Z A done withintiiejnext 6 months.

ig hhh`` Transfer of land -- As per the directions of the gg ` °i--lon'ble Supreme Court on I6--09--2002 prohibiting the '·__ `tnanster of land for the next 50 years except by way of lr ` V 6,/"#M}M`\L\g

-»o.` ' it ,...t by

26

succession within the sanctuary, the necessary instructions will be issued to the concerned departments within 3 months. · _

Government of Karnataka has initiated a nurniaer I actions to protect the wildlife in the Sanctuaries like anti G » poaching camps, elephant scaring iiicampsgn creating -- _ G barriers, special force for tiger protection, ,employmen--t of'. du ·.~_ _ t' l`-.tA ` tribals, inter state border meetings at various levels, etc.,. It will be seen that in futuretlzese initiatives will bet. · V enhanced to see that wildlife is properly protected. A I In continuation of measures`·~adlready taken as per the directions of _l·lon"ble 'Suprem`e Court, Government ofKarnataka proposes --,»i' the following short term and long.term`_Wm_easu~res in aa time bound manner to reduce the~·man··<elepl2ant--ponflict"aswell as to protect the wildlife in me sia:a,·.fi_ A .__ i

10.3. Dr. Bassa-ppahavar, Forester and Wi£d--!ifer also filed an Action Plan on1l7.4.2tOO9 and the relevant portion ofthe same reads as nete°un_der: _

V ' , V'i'Actioni`Pian to Mitigate Human-Elephant = , '''·» · Conflict

td if ' '· _ The écticn plan is to help mitigate Human---Elephant ._ V "·__ conflict through effective management practices, __VA' '-- incorporating scientihc & technological inputs, supported i ·' , V ·· by professional knowledge, dovetaiied with dedication and .,4d 1·'·-d 4 __.. E

27

accountability. The Asian elephant is since facing severe threat due to natural causes and human induced. `P concerns, the following are the important suggestionsih "`'·-- 1 random order that need denning directions by§"rthisV» Hon'ble High Court of Karnataka: V _''i 1

1. Elephant Conservation is synonym to Bio,-diversity»_l ___A ` 4--__ Conservation that is reckoned in recent times, asian ll antidote to resolve global warmingand climate »; Hence, elephant conservationt assurnesll global

2. Wildlife managementlis °a' specialised pscientihc . discipline; all possible and 1 protective measures needlto ,;al<é.¤ mitigate coidlicting factors than attemp4tingl"`toll search for k.».;,méaai measures after disasters are by anirnailsllike elephants and tigers. _ A f

3.Ensure intér;¢'iilnagu;iify of island--lil<e potential habitats by insularcorridors that help socialisation with Q distant populations and maintain healthy gene pool 2 among wildlife} _

4.'Bring"inl,`citotal ban on growing palatable crops & ¤ W tobacco ,_`in· ·leco--fragile area around the parks, by · ._V` wencouraging alternate crops: castor, cotton, Niger, etc. ,. { V·--. W. ,_'-- iwhichis non~palatable.

5.Make crop insurance, a mandatory in eco--fragile _ 'Vareas around the reserves, with the participation of t t

28

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department of agriculture, followed by timely settlement of compensation/claims, _ ·'

6.l\leed to provide farmers Coal for tobacco barns under Subsidy by Tobacco Board to weanlthem Q away from entering forests for Hrewood. V g · A To

7.l\leed to specify time limit * for ;··5éiiiéme¤i' ofl\__· ._.A g c V'·sc compensations/claims towards, crop idamage, 1 human B ` injury/deaths, by the Forest/Wildlife`clepartments. P To `

8. Money generated ecoétoorismoisused todmake park self sufhcient to manage, impi··oveW`t·ourist, facilities & share at least 1/3Aof it tobetter living SO!TGl£;lOl'lS of local · communities, Section »orricei·i ·as'vQtoV muster their participationin mnserifatioir _progranime". V

9. Tourist coVi.itl?ts;V*located'just laojoining national park boundaries need tof-be uprooted and relocated beyond 5 km from °bWoiders,·.as .,VA per·.dic£'ums of Indian Board for Wildlife Preservation Sander" Project Tiger Consultative _, _ comnjiiiee; _

' Ensure placement of trained antiqooaching squads 'in\n·io_de'rn weaponry, through State Police A Academies, to ideal with hardcore criminals. Squad g _ _ A Personnelitbe provided with special hardship perks and *` i _ y ` '' _¢>ih;·r facilities.

V no ii~` Appoint trained personnel in wildlife P ° - W -- ,,Management and Wildlife related laws to deal with crimes, it ._4A q·~·-- ij nfgglpigi

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followed by prosecution in court of law, in action to manage wildlife and their habitats in a professional way. . 2 They need to improve personnel capabilities and bringinq » ,__q A accountability in personnel management. _ _l.ll ·· -- V

12. Need to empower Forest, Wildlife and q"Police" A, _ ofhciais with more legal teeth to deal with hard core TA offenders and to pronounce summary punishment, e_V` F ""ay though ban on trade in wildlife .sl<ins,°ivo:·y and other f W body parts are imposed, black mariieis still thrive "wi'th"' Q` penalties too small and rewards too, gre_at._ I ° · . i

13. Farmers having encroached

forest land without patta need to --»_g learn to live with elephants in hatrmony (as tribals have learnt to live for ages). Encou~rage._farmers --switch_ over to improved breeds of milch. cows .live`stc>cl< stall feeding facilities.

14. Q5n'Caiir$gar _s,s,giisdi research involving universitiesit and l`research',_. institutions by providing fellowships, set. aside for the purpose. This is one held Q `'··. reqiiliinghbig investment, because in the absence of g research data, it is a truncated management. * 1.5. 4 ` ·YNe`ed to boost funding by the Government to r if W prese:ve,_lnva--iuable biodiversity resource, in particular the -- `·».el€-pham and the tiger. The country/state is in a position ~ v_ ._ _,f' ~iV . ._'· to foot the bill of biodiversity conservation. ' " 16. There is urgent need to relocate tribal hq _ communities out of PAs, so as to keep the habitats free

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from anti-elephant communities & to bring tribals on main stream of human society as per approved scheme of the , Government of India.

17. Field staff patrolling to protect forests wealth j t . and wildlife and so also ofhcials managing nationalparks 1 C ·. VQ and sanctuaries, along with their vehicles shall have ` A exempted from general/local election duties. .1 C , V < `V`' ```· » i V"'sc

18. There is need to initiateh brain·storl€17ing._ it , ' exercise to proclaim unlawful like poaching, poisoning, electrocution, " snaringm 1 elephant/big cats coming under Schedule I of ·Wildlife"* ( Protection) Act 1 972, as heinous crime, M . `'`' r

19. Need inter¤·connect" potential areas (PAS) with insulated corridors toffacilitate elephants from island like areas to soeialise_with*~distant herds. This could be . done to istartwith andgradua,liy_·.e}<panding region-wise to start with, viz., all §eue--hel;·i states--Maharashtra, Goa, Karnataka, Kerala, `Tarnilnadu and Andhra Pradesh. v` ._ it 1 l\l.eed to have Interstate Coordinating 1 Committee_` cornprising southern states headed by concerned Forest & Environmental Ministers, who meet V _ once "··--., ve.=eriy,- followed by Heads of Departments & Child -- 1Wi/dlife"§Alardens, who may meet twice a year to discuss v_ ._ _bi' _ ~iV _A WW., _ipolicy_matters concerning wildlife, environment & forestry V 4·V~ 4q`i-- including upkeep of frontier lines. The committee shall take stock of elephant herds that may spill over to . l

32

é

24. Government of Karnataka need to take immediate action to form a High Level Statutory Body-_ ' "/Advisory Body For Wildlife Conservation" in Karnataltagb i·--._ with needed statutory powers to advise the qgstate . Government on all important policy matters meiqain_g.. I elephant and tiger conservation and to. monitor theaction" _ or _ 2 i . ,4 taken there on, as per the direction ol? the Supreme. Courtj ·--·i _ A `'--sA C ofindia. A. A ° g °

25. Last but not the least, efficient Cwildiifew conservation management I i'''' requires effective "Management Plan" foreach of itheCC`·p'rogtei:ited areas, incorporating available scientinc technoiogical data inputs, previewed. __ by specialists/scieifztists`Zbefore it is sanctioned by. the ._ V H H

10.4. Mr. M..CR;.xNaiii:,--·.Iea.rr'ned°se·n!»oi·;Counsei brought to the notice of tnis.Cc:·urt foi-ioéwing decisions of the Apex Court relating to the \Al'iid__Hfe Wrote-ctioni:

1. QTARUN euARA*·r.sANou, ALWAR v. umow o1= mom ' _ [1992 SUPP.(_2) scc 448];

_ 2. PRA.DEEP--.KRI_$HEN v. UNION OF INDIA AND OTHERS [1996`(8)_SC€$99]: A

-- CENTRE FOR ENVIRONMENTAL LAW -· WWF INDIA v. . ~i_ V·--. UVNION OF INDIA AND OTHERS [(1998)9 SCC 623]; is.i `.;` ` ' gggl

33

s

4. ESSAR OIL LIMITED v. HALAR UTKARSH SAMITH AND OTHERS [(2004)2 SCC 392].. _,

and also the directions given by the Apex Court to time in the case of CENTRE FOR ENVIRONMENTAL04.LA'w· "V,4 we WWF INDIA v. UNION OF INDIA

. 22.8.1997, 7.11.1997, 16.1.1998, Vwqii 13.11.2000, 31.1.2001, 16.9.20302;, i2i2;3.2,Cl03, 5.09.2003, 22.9.2003, 7.11.2003,6' -9.'·2.2004,-- A_1_6;.4.2004, 23.11.2005 and 16.122005. IQ '0»V ,_ -- _ 10.5. Mr. Araviilcl kumar-,j, lea.rn_ed¥ Assistant Solicitor General, submits ».0,, G would provide all possible supportto th4eZwil--dAlife population in the State of Karnataka and °tVheaCen0tra4l0W also would take effective steps for} ¤_,_ the lvprotectivone of elephants even in all four neigljbowuring states*n_arnely Karnataka, Andhra Pradesh, Kerala Tarnii·.Na4d;u,i·.in`§}oking the power under Section 38 of the I Wildlife Protection Act, 1972.

c" Mr. Udaya Holla, learned Advocate General, _`Vv·h behalf of the State as well as Taxssisting the Court, '·qi .... ...,..

34

r

placing reliance on the report dated 17.4.2009 and Elephant landscape dated 11.3.2009 submits that the State of Karnataka would make all sincere efforts for conservation of elephantsjand to prevent any unnatural death of elephants. Advocate General also undertakes that the___State_woultl. make all efforts to remove encroachrnents in the 0`'·._ restore the forest area. _

10.7. Dr. C. H. Bassappanavar _ that the Government as well as the ps.:l;il`ic1at°_0Iarde shotild shovv all sincere concern for conservation of. elephants protect the elephants from as suggested in his report filed on 17.4.2009,.vvhlch toabove.

11. wwexxhave diixenvlq careful consideration to the subrnissioVns-- made, by Sri·Aravind Kumar, Assistant Solicitor oelher;i~,l 0l srs lidav·a 'l--lolla, Advocate General, Sri M.R. Naik, >Senior Ad',vocate,VWSrif;N. Ravindranath Kamath, Advocate, Sri S.S. ..q_ iiiaveri, Advocate as Amicus Curiae, Sri P.M, Naik, Advocate for `·._ ·AW. C.l~I. Basappanavar, Forester and Wild--lifer, in the » `gighgl Oflthgir respective reports referred to above. .,4' l~--·. 14`` ....,....

35

év.

12.1 The i»--lon'ble Supreme Court, in TARUN BHARAT SANG!-I (supra) appointed a Committee consisting of_ the authorities of the State charged with the duty of enforcing '·--.. he statutory measures and some experts in the Chairmanship of a retired Judge. The ytaskof ·tVhe1"Conn`mi4ttee primarily is to ensure the enforcement of and { Ywii- A the orders of this Court and to°prevent°·dev.astatio_n· ofithe environment and wildlife within the protectedarea°.= 12.2. Again, in the (supra), the

1-lon'ble Supreme Court VW.q binding force of Articles 48-A and.l5I#.A_('g)--`;`of thWe; 'Co_nstitution¤2on the State and a citizen to protect the national wildlife of the country. ° 4 `

*2 _'¤W ' l-IORENVIRONMENTAL LAW -- WWF INDIA Z (supra), SuprerhéLCourt, from time to time has issued the liiifoilowing directions/guidelines:

)r,_ l _ )'22t£$.19`S7--

VW 4"`t S ~l.,'_ rh r Civf 2. A perusal of the afhdavits that have been Hled i ` ` on behalf of the States and Union Territories shows that ·' . _ V 1 ~ in some of the States Wildlife Advisory Board have either (il. tult ( 2

A S 7'__ ,...

36

not been constituted or where constituted earlier and after the expiry of the term of the Board, that was constituted, there has been no reconstitution of the Board. In the States in which Wildlife Advisory Board has " not been constituted or where the Board had earlier been constituted, but the term has expired and the Board has Q` I . not been reconstituted, necessary steps should be__taken* » _ '· to constitute/reconstitute the Wildlife Advisory Board * ` . _``` ' . within a period of two months. . · ,__` . ' Y.

3. As regards the appointment of Wildi'ife'~_Wardens, · * we Hnd that in some States Wildlife Wardens have not Q been appointed at all, while in some States ,v'L'ildiife ·_ ° Wardens have been appointed·for.some*areas but havew _ ' not been appointed for other areas, It is directed thatthe concern State/Union Territory shall"·tal<e__ necessary steps to appoint Wildlife Wardens forali ·th`ese' areas within a period oftwo months. W A

4. xxxx _ ___o° __ v_ `°i-- V J

5. As ·'r€§5i7ds'deno·tii?eation of any area which is included in a.sa;¤_ctuary'lVational park, it is directed that before placingw {ther; proposal before the Legislative Assembly, the`conce»rned.4State Governments shall refer the proposals to the Indian`·-- Board for Wildlife for its opinion and the proposal shailbe placed for consideration before the Legislative Assembly along with the opinion of the Indian Board for Wildlife;

Q In order ·to··effectively control the growing increase of poaohing in the sanctuaries/National parks the Central Government as well as the Governments of Z States/Llnion Territories are directed to ensure that the forest guards Ein the sanctuaries/national parks are ._ provided_ ·m_odern arms, communication facilities, viz., _ j wireless ` sets and other necessary equipment in this '· '~regard.` Alecessary steps for that purpose shall be taken I 4 , , A `_ ._witnin six months. W_,_m_ · .,_V = 1 -~AV.

37

7.11.1997-

4. In the afhdavit filed on behalf of the State of Karnataka, it is stated that Wildlife Advisory Board has ~ - been constituted but the date of the constitution of the j Board has not been mentioned. The learned counsel for. ` 4 the State prays for one week time to ble an afHdavit,·, ` ._ indicating the date on which the Wildlife Advisory Board _` y was constituted. 4 . _`'~ 4 ¤ _4 4

Xxxx xx " AAAAS =_ , l_V` _4

10. As regards issuance of p;·¤¤iaamati¤h under SA Section 21 of the Act, we find from the afhdavitshled on 4; ` . behalf of the States that in the event of the States sucht ` " ' proclamation has not been issued in respect of the National parks and sanctuaries, .the'State Governments are directed to take the necessary steps inithat regard. The same shall be done within two moriths, railing which contempt proceedings will have to be initiated against the State concerned. » M * ''»., g `

16.1.1998-- 4_ l__. . e M ''`` Q. Vthe.State;._0l` Karnataka there are live national parks and 19 sanctuaries, but the afndavits that have been filed .on~.behalf ef the State, no information has been furnished with regard to issuance of proclamation under section 21 ofthe issuance ofthe Hnal notification. ·._420.:a:.'199a_> ._ .

VA regards the State of Karnataka, an afddavit has been filed which shows that the Forest Settlement Z V Officers have been appointed and ten weeks' time is , sought for issuing the proclamation. Time prayed for is i --_ allowed. ' .

·,_17.7.1998e

4 1 4 --_ { ' VV_4 , 1. By our order dated 20.3.1998, ten weeks' time * '·., °was granted to the State of Karnataka to issue the necessary proclamation. No body appears for the said Y State to indicate as to what steps have been taken nor _ " » V ` has any afbdavit been Hled. In the circumstances, notice

38

,g'=\

for initiating contempt proceedings be issued to the Chief Secretary to the State of Karnataka. Personal presence is dispensed at this stage.

12..4.. In ESSAR OIL. case (supra) the apex court_`vvhi§e emphasizing the duty and obligation of the state and 'VV"` citizenr'·itp_i_ protect and improve the natural environment heicias fo!iov·i.s:· A "25. ...Article ·48··A ofthe Constitution now provides ._V` S Vq`i-- that the State shall endeavour to protect and improve. the V V environment and to safeguard thetgforests and wildlifeofu 1 the country under Article 51 ··A(g) Ptoj protect and improve the natural environment ·.ii#ij¤iua.?ng._ forests,`·lal<es, rivers and wildlife, and to have compassion for living creatures. 26a ` Certain pi*inciples-- weren enunciated in the Stockholm .Declarat.ion _ giving broad parameters and guidelinesfor the purposesof sustaining humanity and its environment.°=Of these parameters, a few principles are _, ._ extra--oted'~which are of relevance to the present debate. _ by VPrinciple;"2 provides that the natural resources of the earth 'including,aii;__ water, land, flora and fauna especially representative samples of natural eco--·systems must be r H _ safeguarded- for the benefit of present and future ~ » ._r` wgenerations through careful planning and management as v_ { _A gappropriate. In the same vein, the fourth principle says: "man has special responsibility to safeguard i ` -· ._ 4 -- and wisely manage the heritage of wildlife ·».,

39

@*2

and its habitat which are now gravely

g imperiled by combination of adverse factors. Nature conservation including wildlife must, therefore, receive importance in planning for economic developments.

27. This, therefore, is the aim, namely, to balance , economic and social needs on the one handnhwith., V' environmental considerations on the Mother. ·But,`--in» a* --__ sense all development is an environmentalg °threat·,*._ ..._ g [ "'-_gg ` Indeed, the very existence of humanity and the rapid increase in the population together with _conseque·ntial.. demands to sustain the p¤pulatioi·i·.,ha; resulted in the concreting of open landspcutting downnef forests, "the filling up of lakes and pollution ofwater resources and the very air which we breathe. `HOV'!§'?{€i'Q.wA there need not necessarily be aahdeadlock between hdevelopiment on the one hand and _--»._ theV3h_eny*iro,nment `·on__ the other. The objective of siieiaws can environment should be to create harmony _bVe.twe-en ithe A two,_since neither one can be sacrificed a't__the altarxof thwe other. This view was also taken; by this Ceurtin Indian Council for Enviro-Legal Y ° ~ Action tls. Union offridia where it was said: __ , · Wwhile economic development should not be V g --. " ._allowed__te, take place at the cost of ecology or V by by causing widespread environment * , destruction and violation: at the same time _ , _'~.V the necessary to preserve ecology and 5 V 4 V . development and environment must go hand ,. Z _''· __ -- --.'· V _ Win hand, in other words, there should not be ' A "*s.V j ` _ ·_ development at the cost of environment and _' ~ · ~ , vice versa, but there should be development · ,........

4

-

"Extremely shocked and deeply concerned over the news of the death of four (4) elephants under mysterious _, circumstances near Kappsoge in Nanjangud Taiuk and _ surprised and worried about the statistics that nine___(9)_" - . elephants died in the last seven days and twent*y'~five"Wil_"· (25) elephants had met with gory death in the C months around Bandipur and Nagarahoie National but the authorities concerned are yet tottrece an yaue ifor ° '~c` ._ the cause of the said disaster as reported in trlevhfess, V this Court suo--motu initiated thepresent public interest" litigation. ~_ i···i

2.1. It is apt to quote they Prince

Philip, the Duke. of Edinburgh . in his iioreword to International Wildi*ife_.ltaw'<tha;t;--.W ·--°: "Mfmy "·--.Pii'G}?;/6 VS€·--ei7i tel think that the conserva`tlon_`ef nai-ture`·is`*esirnpiy·~·a nature of being kind to animals Rand *·-enjoying walks in the i countryside. Sadly, perhaps, it is a great deal more complicated than that. ._ "

.... as usual _withA*all>legal systems, the crucial requirement is for the terms of the conventions to be . = .V widely__ accepted - end rapidly implemented. ' ._ ' Pegretfuiiy progress in this direction is proving ' _disastrou.siy'.sie_w .... "

iwneylsentiments expressed by l--i.R.H. Prince n V _ Philip-. is proved to be true.

qq ` _ 1The Apex Court observed regarding the ·._· · ·.V` measures for protection of environment, ecology and A Ai·A wildlife in Tarun Bharat Sangh v. Union of India reported 1 C ·· V -- -inj1992 Supp. (2) SCC 448 as quoted hereunder: ''v. ir». . 2 if E

k j im_e ....... , ...,

40

tt

while taking due care and ensuring the

protection of environment. "

13. In this connection it is apt to refer Sections 21;.,29, 33A and 34 of the Wildlife (Protection) Act, 1972 hereunder: r » ."`" é`

"Section 21. Proclamation by Collector.-W/when ____ `·._, a notiiication has been issued under._Section Iii, the V Collector shall, within a period ofsixty days, publish in . ' the regional language in every town and village in or the neighbourhood of the area Qhqw comprised therein} a proclamation~· -- .

(a)specifying, as nearlyas possible, the situation and the lirnits of the sanctuary; '

' (bjreduiring v"person,l_` claiming any right mentionedin Section J9, to prefer before the Collector, iwithin,_twQ months from the date of such proclamation, 2a written claim in the prescribed ·_form,» specifying the nature and j extent of such right with necessary details and the amount_an.d particulars of compensation, if ' __ ° __ any,--claimed in respect thereof V 2`Section 29+, Destruction, atc. in a sanctuary ` , prohibited iivitiwout a permit,--- No person shall destroy, * , exploit orrernove any wildlife including forest produce g ` 'from a sanctuary or destroy or damage or diver the ,. ·. __V` · ~.V' habitat of any wild animal by any act whatsoever or . ...` ll`r V. divert, stop or enhance the flow of water into or outside l° .-- ` . the sanctuary, except under and in accordance with a

41

permit granted by the Chief Wildlife Warden, and no such permit shall be granted unless the State Government being sa-tished in consultation with the Board that such A removal of wildlife from the sanctuary or the change i`` j _ the How of water into or outside the sanctuaryVAisVVj--_VA necessary for the improvement and better manaqement* 4 _ of wildlife therein, authorizes the issueof such permit: · V -- Q A A Provided that where the forest produce is removed V A from a sanctuary the same may betused tor meeting*~the» --. V personal bona Hde needs of theA'·peopie living in and around the sanctuary and_shailVVVnotVV_beVused for any commercial purpose" ~ . 1 -

Section 335A.. A livestock. -(1) The

Chief Wildlife_Waro`eVn-- shall take such measures in such manner, as maybe prescribe-d,_ for immunisation against communicableVVdiseases ofAthe_ livestock kept in or within five kilometres of (ag;nCiuqi~,·k.,

(2) No pe:<son--s'hall take, or cause to be taken or j *,gra;€ed, ;my·.,_iiveSi¤ci<. a sanctuary without getting it imrnunised, A`·--

·Section·34Q Registration of certain persons in n AV V _ possessiorfof arms.- (1) Within three months from -- the declaration of any area as a sanctuary, every person ,. ·. _AA` (_ ~jV A . ,_i~ residing in or within ten kilometres of any such V V VA V`i», . __VV _V ~ sanctuary and holding a licence granted under the Arms __VVV " 'V _ M Act, 1959 (54 of 1959), for the possession of arms or _ g g

43

15. it is enough, man exploited and piundered the natural resources up to the hilt, probably, to meet the growing and its ever increasing population without caring for W effect on account of his action on the environment, ig the eco-system has met with untold damage-. Q 4'--.,A . for the environment alone but it is more for the hlumaoibeijngs by , way of shortage of fresh air, pure watelgivetcg. if

16. The non-maintenanceof enviironrnent and ecology has a major impact onithe value of The term 'bio-- diversity' is comrnonlyuseid toi.refer_v·ari·ety_ ofwlife on earth.

17. aioifdivi-zdrsaty._qglirer5,;r·.=`§ni placeto place. It is used to describe the 'of°speciesi'present in a particular habitat or to show range or tylpeiVof oirganisms found there. In other word's,_1Eii·o:¥d»lversity be defined as the total number of I V species they genetic variability within each species and it is ii . "n'othingi and variability. This further leads us to _ ` ·`»"reaiiizgtne importance of the habitat of the organisms. 1'ir Piabitat is a place where an organism lives, which i provides suitable food, shelter and climatic condition, so that l .· U /_'_4 '_ _,_, -

45

important to maintain bio·--diversity in order to ensure the existence of all organisms, unless an awareness is created among the public at large, as to the maintenance diversity. 1'·' biié Q

21. Bio-diversity is not only vital forthe'properxfunctioriing 2 l. 'V_Q A of the eco--system but also for the very survival of The unthoughtful human activities however pose ai-sezrioiislqthreat V to the sustainability of bi`o.;diver's"ity..`i_and_t maintenance of environmental eco-system. litiiig,.l»"the variety of species - plants andajnimalsly most important factor which brings¤su"sta'i'n;abil`ityg..in the environment. It helps in maintaining favou4rable"a;nd et4a'bVle`··conditions in the environment.

22. Ferestslaéaren ·treasure`sl of bio··diversity. They bring stability1iii.Athigrenirironlmentand suitable conditions required for Z sustainable`-env_iYronm"ent. The trees in the forests prevent .l `desertificationq the forests thus regulate the streams that g ` ·?i¤'w.`*iiNghich `in__lturn have significant connection with inland and A" fisheries. On these rivers and streams the local people U ifor their food and habitation. But, what threatens bio- .r g _g ge g

46

diversity is the deforestation, illegal felling of trees, encroachment into the forest area beyond necessity, of course, to a certain extent increase in the live-stock populatiorrin »..q_ the forest, killing of wild animals for food and hunting, etc}? ig

23. As the population of human started increalsing'_raipi4dly,' i _i it has resulted in the threat to bio--diversity. QQf` grasslands, which are rich resourcesiaof wildan1m_als,l"are'··being gradually cleared off for agricultural~purp.os·e_4and·for setting up industries. Clearing of natural tlaiv cause large scale destruction of biodiversity. population and unthoughtful , ·act.ivities Al'" Qfor gain and economic developmentlis the man and wildlife conflict in the biosphere. if 4

C it}°'is.__true,,that`environmental resources are linked with econioniicv,`acti·vity4.*. The economic development is meant to WZ '-irnproveithe living. The living standards are measured .,q_ byllféiiabiliitylqqof basic needs such as food, shelter, education, {health',x._sa'n.itation and social practice. Therefore, the link ' llbetweeri the economy and ecology cannot be ignored. But, ` ._4A q·.·_ '4Q4'· I Q U llny _ ,,,__.,

49

ra.

(ii) Environmental Protection Act, 1986

29. It is true, many animals are considered sacred; many plants and animals are adopted as natural symbols and Woww _ heritages. Of them, Elephant is considered to be more _`'` ·'», among Indians, ~ ····· ._ · 4. j_. `

30. Indian elephant, 'Elephas maxirnusiA.__iLs "Keystone species" of the Indian julngies because ofhitsiioverall influence over other animals andthe;eéo·i;sy*stem. "fhe"elephants foster forest eco--systems and maintain healthy environment most essential The elephant, therefore, assumes inso far as biodiversity conservation is Aconcearnledi ijiihé-.éle·phant, the inseparable entity of the bio-diversity wane aswan antidote in regulating the climatigi The Indian elephant, which stands tall and Z commainds,V»lg·lioba»l_'signqqiiicance, is facing threat of extinction. _ QL Hence, thei_Wjudiieia--llactivism has come forward to rescue _ `tlieijcougntryistipiodiversity and her environment and of it ,",,' _t0.réscue the wildlife, in particular, elephants and V`"` htlieirihvaisiitats in this suo motu proceedings. "§_,_`\ I ii,_ l» , ,.,, ,,.,,, i

5

8

t "The conception of ecological balance in nature is based on the fundamental concept that nature is 'series of complex biotic communities of which a man ~ is an interdependent pait' and that it should not be _ ` r _ given to a part to trespass and diminish the whole. " ». ` _ The largest single factor in the depletion of wealthgof. _ '_--, y ` ,_ animal llfe in nature has been the 'civilised n'ian'_` e` g operating directly through excessive commercial _ _'·-- 4 ¤ _ hunting or, more disastrously, indirectly throogi:. . . ` . 4 invading or destroying natural habitats. " * . ¤

4. The protection of ecology, environmenteandsthe V A wildlife should be the prime concern of th»e_Government, .___ . ' particularly, the authorities meant l'ortl:·at purpose. I

5. For these reasons;.thereprelsentlitigation should not be treated as the usual Vadversarial litigat=ion'Q

4. With this _ note off we, yby order dated 7.11.2008, dll'E.'CE€l(.lV_·--IQl;l`€'r·lZ1,SlZ€lliQ._'GOV·8.'l'i'l_li"lfE'i'lt and the Central Government to ltakjew thee imp_u_gne·d issue seriously; study, investigate, collect materials a`ocl"'furnish a report by 14.11.2008 as to the cause forthecleath of elephants, the lapse on the part oitheauthoriti·es`concerned, the action taken against them for 1 such2llapses,` ir any, remedial measures proposed to be taken _ » t`o preven't.__such*disaster in future, the precautions to be taken to _ ' erotectggthe wildlife, etc-

. 4 ·_ge -- V _Q ...,.._., ..... .. ......

51

..e

9. l/ani Ragavendra Pai, Potoli, Joida Taluk IO. M. Jadegowda, Asst. Prof Forestry College, Ponnampete _ "

11. Pratap Singh Nayak, Belthangadl Taluk _ it »___ ii The Principal Secretary to the Government of ____ 'Mamr».ai. Karnataka, Forest Environment and Ecology ' Department, Bangalore, < ` . _``` '

g. The Principal Chief Conservator of Forests, . Member Y. h. The Principal Secretary/Secretary tothe _ ` _ ` .»Memper ._ I Government of Karnataka, Social Welfare, S 3 ' _ ·,,, ° ___A f `~._ ' Department, Bangalore . ~ = I W _ i _ * i. The Managing Director, KSTDC,. Bangalore ._ ' Member j. IGP, Forest Cell, Bangalore ° _ ' , Member . ' l<. A representative of the Armed Forces not below *_Member the rank of Brigadier as nominatedrby the Central Government ' _-- V```` · t,`'

l. The Director, Animal Husbandry and veterinary Member Services, Bangalore I . , _ ` _

m. The Director, _ Departmentf of Fisheries, Member Bangalore _; , I 4 i·~., * I

n. An Ofdcer, asrnoifiinated by the Director .. ...l Member Wildlife Preservatirzn, New Delhi --. , o. A representative bf the Director, Wildlife Member Institute ofIndia, Dehraclun ' ·

p. A representative of the Director, Zoological Member "su.·~vey,Or~rna.e, Kolkota ` A A

q. A representative ofthe Director, Member Botanical Survey of India, Koll<ata

r. The _Principal Chief Conservator of Forests Member _ (Wildlife) and Chief Wildlife Warden, Secretary I A Karriataka,--Bangalore '

t31.·2_._ Tfhe ,l_ea`rned Advocate General, however, fairly wsubmits that the Government is prepared to include additional i` , ` Members to the State Board for Wildlife, whomsoever this ' ._ ` 'e,, f _l*l0n'ble Court deems fit and necessary. fw _ §_@ ,,,,

52

32.}. The report filed on behalf of the State Government before the Court also endorses the short term and iong term measures proposed by the State Government, which as hereunder: .- ` R j R _

32.2. SHORT TERM MEASURES PROPQS§_Q·._(I!\l* THE _ NEXTONEYEAR) ' ```R` v_ 2

"The following measures have been proposedv to --._` Q S"G· tackle the man-animal conflict situation t.hati_~has , arisen due to increase of elephant presence. * Q i) Habitat Managementr A l·..t

It is found that habitat l'or_°elephants has shrunk over the past few_R"decades raw number of reasons. It is proposed to removeinvasive`jiveed species like l.antana,lAEupatorlQ'uni Parthenium in the Protected Areas involving thlettribals and others. Certain research organisatiohsé who lnavewdone work on Lantana / invasive weed; eradication will be involved. Desilting of water I °»holes"/ ltanlrs where necessary as well as dibbling of _ barnbooy sandal seeds will be done. In the next one year V Rworit will startrand the Government will earmark around A V Rs. lakhs llorthis work initially. - W'., ii) Immunisaticn of Cattle:

. { _''· · ~.l' V '»._In the next one year a programme will be chalked V 'A ii~` Wlil , outto immunise cattle with the help of Veterinary Dept. R if _ R X MM »»s»· ~

53

and Hnancial support from Government of India and State Government. _ "

iii) Maintenance of Barriers _·VV * Pl`_ j` _ Elephant Proof Trenches and Solar fencingi has l``` · been done across the Mysore Elephant Rese=nze.--Qit_ is. j proposed to repair at least 5U% _ of these Barriersul ',_ ~ wherever they are found to be ineffective. An amount of A Rs. 50 lakhs will be earmarked rorthve repair work., . __ f __ V iv) Providing for elephant soaring and elephant driving _. r'''' » '

As of now there are __lnumbers#`_`of`· elephant scaring camps ,/ teams. »These`__are_linpositien during the peak crop damage.; season, normally upto harvest time and fruiting season i.e , Ocltobery November, December and June, QlU`ly',li.i¢l&UQi.ll§7t'. Thel`elephant'scaring / driving will be strengthened andadditioirval camps provided to the Hnancial extent of Rs. 50·,lakhs so as to facilitate the elephant driving operations; "

Q ' ~. gv) Squads.: ··

" giihis twill ·._be done on experimental basis by g lsta'tioning°`°_th_ree vehicles in Mysore, Chamarajnagar and ' Bandipurareas at strategic locations. These jeeps will be _ _ _'~_V l·., V providediwith watchers ammunitions, crackers etc., and it 4 if 4 ·_ { r l`__ wllltbe led by a forester. These squads will move to the V A 4"'s. ll`' _ effected areas when ever they receive information of ._ g _ 2 2 QQ .... .,.,..., .

54

lr '

elephant movement / damage. An amount of Rs. 30 lakhs will be provided for this activity.

vi) Law enforcement ' V

In the next three months a meeting of .... 5 V concerned Ofiicers / Ofncials with relation tow" law _h 1``` · enforcement will be held for a co--ordinatedapproach;. j _ KPTCL, Revenue, Forest, Police and y Agifculturemb '.__ Departments will be made to work together tomaddress A this problem at the Held level. ' _ · V · .3 _ ' vii) Creation ofawareness _ I

Help of NGO's, Media a'nd locelV~leaders will be taken to create awareness on the imanaariimel conflict issue. This wouldbe done Ainwtheznextsix months in all the effected areas. _ , F M ''`` viii)

\/acalicy'position'in" ttienwildlife wing has been a cause for concern`. The Government will take steps and see that this situation improves. In the next nine months Q * , it wilhbeen seen thatet least 75 guards 25 foresters and V RFU? will posted to mitigate the existing problem. . V l*l\llne months time is required as 250 Forest Guards who li have been recently recruited are undergoing training Q WV *_ which willbe completed in nine months. 5 V V. - in .V Itwill be seen that the cadre of Veterinary Doctors V V ` ''--._ V`'~ V. will be created within the Forest Department with ._ ..,.,.

55

VL

Veterinary Ofhcers. Assistant Directors / Deputy Directors in the next six months.

ix) Capacity building

In the next one year staff at various level from _. Deputy Conseivators of Forests to the Forest Watcher will be sensitised on various issues of the manwinimal conflict), -- V ' __ as well as dealing with public. _ 1 x) Translocation ofelephants: _ uiit. 1 V ` I V`'· Translocation of elephants reqaires;'ipe'rm:55i¤h'iforP.__ `'`· » i V"'a. I Government of India as pergSection._12 of 1 Wildlife T ` V Protection Act. Proposal for permission to translocate. 25" J ` elephant has already has been nT1_ade_eto__Governmentiof India on the basis of Appaiah-{Desai committee report. There are about 20 elephants isolated ia lfodagu Hassan border which arecausing extensive crop damage and loss to human life intigeiast fewyears. It is proposed to shift them to either l3hadra'.Wildlii'e Sanctuary or BRT Wildlife Sanctuary or._BandipurAi.iVatiofnal Park. The leaders in the 1 herd need to be radio collared before translocating them, 'iso as to- study and monitor their movements. This opera·tion;*v.·ill. bedone in the next 12 months with the support 40f_'.(3o--vernment of India, Wildlife Institute of India, In;;iian_I--institute of Science and other connected - _'~.e ·,_Wildlife organizations / experts. . { _''· · --.l· '»._Ex·-gratia payment to affected farmers if ' V `E 1 5 Presently it is felt that the amount paid towards ex- ) ' -- . V * ~ gratia is inadequate. It will be seen that these rates would

57

i) Reducing Biotic pressure

it is very essential to reduce the biotic pressure on the forest areas so that the bio diversity is preserved,. " This could be achieved by i`'·· _ a) LPG connection __ ' ~A V» _ It is proposed to provide __i.PC~`__ V·.s 1 g connections to the people residing_ the WJ `._ it .4 villages adjoining the forest * area ., V a iV`' '·'· . it V'·s_ 1 distance of 5 kms. This_·would·`Vbe'--»done by 2 O V` providing 80% subsidy for`V.the initial J ` connection. These people w_ill`ihave_ to paytfor the reiills. It is ._p·ropcised_ io,_give sooo M connections in the ne}<t,i'iveV yearsui · ` --_ Soiarilanterns street lights would

be they people tiiwng in the

adjoining`i"zr'illages. Solar lanterns will have a subsidy of whiiensolar streets will be given free of cost. it proposed to cover 2OO villages in the next live years.

.·---- _ It willalso be seen that long term ' V $gUdl*g;»_em.__the effects of grazing and On fhé . , nre will be started with the support A ' O V .____ of well ilmlown institutions. l if ' '· iii) .tn.tegrated land use planning A4" '--.g 1 'V--. O . gV·.--" Forests with its wildlife are natural heritage and need to be preserved for a variety of tangible and ` _ V it intangible benefits. But there are a number/X of enterprises qV.. _. l

V ..2W e.,s y .,,.. ....... vvvv-- is

58

which have a major stake for their existence. Some of these are i) Mining il) Quarrying iii) Resorts iv) Hydro ._ power projects v) Wind mills vi) Roads and highways. __ ~ »___ In the coming years we hope to bring out*a_* » V integrated land use planning guidelines which will provide-. ° the basis for running enterprise usingrthis scares '__ ,4 threaten resource keeping in mind the aiready_existing'"i·~.__ ···i , sh l`'--t_ 1 directions from the various i--lon'ble 'High courts . and 3 Supreme Court. Q --. '

iii) Barriers _ .·~».

The past experience with '£§"lepivant.V Proof Trenches and Solar Fences has been_a_ mixed responsea Where ever they are maintained they ».A_ haveyhadlalw reasonable success in preventing elephants from coming out. is seen that in many places pleeple haveVclosedi'the`se"barriers either to come inside to`collect.fire4l¤wood or to let their cattle into the Protected Area;.After,_a.,_oetailed discussion it was decided to train peimsiisnitjimcss which require very low maintenance using discarded railway lines. These railway w J R *lines ·he used as barriers in two or three rows. It may between~Rs.<iO--5O lakhs per Km. as the iron railway , i.=.qss__si€i tothe purchased in an open auction. We may do A ' upto__lOO In the next five years. Viv) A Capacity building

Al'A V `E 1 Forest staff will be trained right from Forest l ' V __ " 44/atcher to the highest ofhcial in the next few years with .y. yy y y

59

both short term and long term courses on conflict resolution. Training will be both' within the country and outside. Necessary budgetary support will be provided mainly by Govt. of India. < P`` f . v) Crop insurance 1

The issue of providing subsidy to the farmers iq I 1 . 1 t 4 , their crops insured could be discussed, withothe con'cerned*.A ..._ g [ `'--_g I departments like agriculture, Horticulture, aniinal .A 1 husbandry etc., and possibility `ofge_tting°crop in`surance... --. V done will be decided by the Govt. __ A vi) Cropping pattern 1 _A i''·_ M U It is true that elephants stray in itofprivate crop lands as they End.__highly,4Anutriti:ous`food concentrated in one place. Speciallyii,crops· like sugarcane, banana, rice, ragi, coconut. et'ct, g'bvt. will. initiate ra discussion with a concerned departn:en4t·to at if some sort of a guidelines are put in place 'so°that highly palatable crops are not cultivated right next·toAthe»protected areas. If possible it 4 _ will be seen that whether this is legally feasible by ° __ tbringingirln a`la_w. Q i

_ vii), is ` Population,.Management

V I , giiw Management of populations of wild elephants will Q ._ be dene only after a thorough study by research institutes 4'"' jiilce Indian Institute of Science, ATREE, WCS, NCF etc., * ~._, ` -l_, ` rirgncigow the rogue are being killed, but for a long term ~ elephant conservation what ever interventions that need ` ·· . -- - 5 '°'"''"'""` »~». X

I _ ....... ,,.....,. .

l 6

gt

5. We also appointed the learned Advocate General and the Assistant Solicitor General to assist the Court and w_ell_co.;ned the views/suggestions from the Bar. he A

6. Thereafter, on 1·<i~.11.2008, ra l``l` further direction wasi issued as hereunder: '~__ ` ee = = V A "Heard the learned Advocate'----.General,q Sri Aravind Kumar, learned Asst. Solicitor- General, ~.Sri M.R;i\iaii<, learned Senior Counsel, i*i.Rai·inVdra.naz'h Kamath, Advocate and Dr. C.H.Basappanav'ar. Q ```· , -- ` ` 2. Since the "in··vesti'gation to siispicious death of the elephants reported in the Press on 6.11.2008 is still _ going on, we a--re'oF.the cqns_iderad_ opinion that it may not '`4' be proper forthis Court,to.._express any opinion at this stage; as otherwise, .-_` it,wo_uld,Vai$Fect the investigation and further action conternplated,"'_i'.n accordance with law. _j3. That apart, the learned Advocate General, or he Assistanti .'n· Solicitor General, other senior counsel and ° experts, who_have_ come forward to assist the Court, seek V ruriiiar thre'e.__w·eeks' time to submit their comprehensive ~ A i report in thematter and pray for an adjournment. - 4. the meanwhile, we direct the investigation to vt ,_ ·ei-- A 4; A pa completed and Hnal report submitted. " he _AVlVi ...... .

60

to be done to manage populations will be taken up with due caution. _)

33. The Wildlife (Protection) Act, 1972 was enacted ubyjthe Parliament to provide for the protection of wild animals,i_--.Vblrds`--». and plants and for matters connected therewithpor ori _ incidental thereto with a view to @nSure "€CO,lO·§llC3ii.,i3i1¢ ` 4·-_ environmental security of the Country, 1''-- lv S ' V V

34. As already seen, Articleiq1li'~=ii¤£3jA__oiqltnev Constitution provides that the State shall end_eavou~rlto(protect and improve the environment and to safegi.iard'V»theforestsbqawnclwildlife of the country. Articfle casts a duty on every citizen of India to protecti.and'--imp`rove the natural environment including forests,x `la·.kes,h'rivers and wiidlife and to have a for `iiyingl creatures.

y to the various provisions contained in l *tl·ie,WildliFe (Protection) Act, the empowerment on the State under Article 48-A and the duty cast on every ii`. --1.,`_ Article 51--A(g) of the Cofnnstitution of India, -·`,W l` ........ ._

62

e

37. Accordingly we pass the following order: (i) The Report and the Action Plan--Elephant Landscape dated 11.3.2009 filed on 12.3.2009; __ the Comprehensive Action Plan dated 11.3.2009_;filed__·on ` 17.4.2.009 for conservation of Elephants otiqei-W · .``` é` wildlife proposed by the, ~------ State;' "i;iiiej__ -_ Comprehensive Action Plan on _i'~i~lumanV~El`ep`h·aht_ ·--·. _ A l`'--.L if Conflict Mitigation' (scientihctireport) filed ° one 17.4.2009 by Dr. B llyy assap'pana--.iar,. fretiired Forester and Wild·lifer, are on record, (ii) 'l'he State Government sha;'ll`_ilm`ple»ment the short term measures mentioned in paragraphs Q7.1, 8.7.2 and 32.2¢(su_p_ra) as thexaction W_¤. iplan proposed particu»la`rly·;--._and Vshall`cornplete__ the selection and reicruitmient riiiliiigl up the vacancies of Starrsena within three months from

the date of receipt order.

(iii)jii#he_lState Governmerit shall also implement the long ¤. term_Vmeasures mentioned in paragraphs 8.7.3 and Z x3·2.3..(st1`pra)i as per the action plan proposed by the . V °State`Government within a period of six months from " _ v_ lll`` the date of receipt of the copy of this order. ·i_ V··· VV~. _*(iv)~This Court further deems it fit to include (1) A fvir A the Member Secretary, Karnataka State Legal ``_` " ._ l Services Authority, Bangalore, (2) Member '-,_ ·.,, Secretary, High Court Legal Services Committee, ééjwiggw ,...

_ 64

to the Green Bench for any further directions, if necessary.

(v) The Board so constituted shall hold review. meetings as and when required and at least 'on`cvefr in three months. V 1 _

(vi) As and when required, the Board isgalso ai ·libertyq; ..._ _ `'--.,, é` to approach this Courtifor a--ppropriatej_fLirt°her,·* directions in the matterr h' , · " ' (vii) The Press, Electronic mediaor any persoriywho come across the" iEl!·--trea_i;rnentW,_ death of elephants orwilcilife wh`atsoe=.{er,` are at liberty to bring the same to notice ·--of.i the Member Secretary, V__` '·-- "High `'~», Legal Services CornmitteeV,*'Me_n=.ber `Secre'tary, Karnataka State Legal Servicesj Authority, to take appropriate action in the mattelrn

Y ( ·{viii;i.iGov·ernment shalitake appropriate steps as to the Qi ' , --preventioin of raising commercial crops like (A 14 W, °W.Banan'a., Sugarcane and Maize, nearby forest area W *--and__' me State and Central Government shall frame and implement appropriate crop-pattern , . __r' <_ Y·--. i ,_'-- V policy for the lands in and around forest area, in Z `s~` Wlil `-- order to avoid human--elephant,,;;oh,fIict. , ___ _ \\

...._ r .

7

7. When the matter came up for further hearing on 16.2.2009, the learned Advocate General took further time __¤_ for filing a report on the issue. Thereafter the matter c.a,me·A--up. further hearing on 9.4.2009. On 9.4.20409, the Government) submitted a report and an Action Plan =dated_11.3.2.0`09 A lV'·s_ Q 'Elephant Landscape' before this~_4_ Courtfl sug--gles_ting444 .?the . recommendations for the short--ter4rn·--.4as.__ well as lo;ng--term measures. _ i .` ' _

8.1. The report »and .th·e `4'Act%orl ' i.e. 'Elephant Landscape' dated the details relating to: (1) status and oasrn:¤_ut--i{m Orelepnants; (II) Status of thef·54lephant·i~labltat; (III) l--lum_ah--Eleph`ant Confiict;

(IV) Why Etephants l*ai`d._crops;

(V) ,Sta_ff requirements;

. (VI)~¤;Resea4rch requ_i_rerr1ents;

' _ (VII) Recommendations ~· Short--term & i.ong--term " ( __ _°r. _measures;_4

I _4 V4 apt to extract the following passages of the said _ 4 if 4 (_ .4 repo_rt,a»wd.,Acti"on Plan dated 11.3.2009 under each of the topics: ._ r . · 2. j ___4_4 .....

8

8.2.2. STATUS AND DISTRIBUTION OF ELEPHANTS: Given the fact that elephants are far ranging species, it becomes very important for inter-state * Q t _ cooperation and coordination to achieve goals jthat t _ ·· are common and beneficial to all states involved; - __ ¤ ` , _``` ' ` » _ xxxx xx , ~~~»-- _ I W``'

This calls for planning at the landscape level which sets ._ overall goals and targets for the landscape and identihesttt Q V the process of achieving these goals,__` " In addition to different admlni'strative·a.are`€rs,`· multiple government agencies are _.¢ actively " `involved in implementing- development»__ agendas V wor in law enforcement in and around ·.nn e lephantfhabitats. As these different depalrtn2ents__loften» .V_n work isolation there are times when their activities arencounterproductive. It is therefore "essential In ·for__'saII agencies working on developmental activities to coordinate with the Q ' ~.Forest ._.Departmen·t ·' so as to bring about _ ecologica'liy¤compatibIe development in these t V ei'="i'€8$._eLé¥W~ enforcement agencies too can play a vital role In ` V in helpingthetforest Department to enforce wildlife laws. -- .V_Qy.._ss"'»what is needed is the recognization that integrated land ,. Z . __n` { _`'· {use and developmental planning in needed in areas with t I in si·. _ elephant habitat otherwise both people and elephants will

9

as

8.2.3 POPULATION DYNAMICS:

The elephant population of Karnataka is currentlyf »..__P (2007) estimated by sample block count to be around.,) ` 4,000 to 5,000 in the State (census conducted the_V » .``` t` Forest Department with the technicaltassistance of'.4sian· 44 --4 -- 44 » 4 4 Nature Conservation Foundation, c/o JISc,_8angalore,'~See`-..4 M ..._ 4 or P'--.,A A Table 1 for details). A signi_Hcant`·.inc·.¢ease is thus indicated from the population estimated in the early- 1980s by the Forest Department,··»._rvvhich yvas_x42100rgto 2650 (reference: "Eiephantq_Man_Conflict Piii:<ar¤aiai<ai#* by R. Sukumar in the Karnataka State Environment Report 1984-1985). This increasehas come about irrthe last 2-3 decades and is perhaps signi§ca'nt*e~ven if assume the possibility ofysome underestimate in earlier period and differences in,the.·gensiis·--.methodhused (so--called "total count" in earlier-periods compared sample counts that has higher statistica;l'_`»·alidity recent periods). Elephants can'4_poten't.*ally live up to 60-70 years, 4 _ perhaps somewhatless in the wild. The average natural A 'r_& A ·Vmorta.lity`¤rate is estimated at around 15 to 20% in infants A calves. up_ito4`one'--year old), 5% up to 5 years old and 1- V _ elephants above 5 years. The death rate of males is generallyhigiher than that of females as the former ». V`·. c ompete among themselves for females (they are 4_ ,4 ·Pi· 4 .; A rV__ epolygynous and sexually dimorphic) and are also 4 44~~ 4r'-. _rVr` . biologically more prone to death from several natural h causes. Besides, pcaching for ivory takes a heavy