JOIN USReview project clearances in jumbo habitats: High Court
In a significant judgement, which may go a long way in the protection of elephants, both wild and captive, the High Court of Karnataka issued a number of directions on Tuesday.
Declaring the Mysore Elephant Reserve (MER) a corridor and reviewing clearances for projects in jumbo habitats and corridors are chief among the court’s directions.
Noting that the State had already notified 6,463 sq km as MER, the division bench comprising Chief Justice D H Waghela and Justice B V Nagarathna said, “the MER holds 98 per cent of the wild elephants estimated at 5,740 across 19 forest divisions. The State is directed to initiate steps to declare it as a corridor and complete the land acquisition process within two months”.
The court has directed the electricity supply companies (escoms) to raise the height of high tension and low tension cables in elephant habitats to such a level that it is safer for them. Directing the principal chief conservators of forests and the chief wildlife warden to monitor this, the bench has asked the government to issue directions to escoms to ensure that the fencing in private estates does not become a threat to elephants.
Conflict over land
Noting that conflict arises due to diversion of land for non-forest activities, the bench has directed the State to review all clearances given to various projects in elephant habitats and corridors.
“Whenever there is diversion of forest land within elephant habitat and corridor, the same must be referred to the chief wildlife warden for assessment of potential impact. The State is directed to take all necessary steps for constitution of reserve forests.
“The State is directed to review non-forest activities in elephant habitat and corridor and take appropriate action in case of violations,” the bench observed.
Disposing of the petition, the court said, “The State shall review the users of land on the periphery of the forests falling in elephant habitat and corridors and take requisite steps for their conservation and preservation. It must take necessary steps to reduce pressure on elephant habitat by people who utilise such land illegally and relocate or rehabilitate them in accordance with law.”
On the man-elephant conflict in Alur and Arkalgud taluks of Hassan district, the bench has directed to review the matter bearing in mind convenience from the point of view of elephants, human population, recommendation of task force committee as well as the dissent note (by a few members of the task force).
On the use of elephants for Dasara and other festivals, the court said that the matter was left to the wisdom of the State government. It said that the government should protect them by ensuring there is no violation of the Prevention of Cruelty to Animals Act, 1960. It directed the State government to seek guidelines from the Task Force Committee for any future action concerning elephants.