The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the Comptroller and Auditor General’s report slamming the Kerala Forest Department for failing to maintain and protect wildlife habitats in the state resulting in increased human-wildlife conflicts.
The Petition is registered suo-moto on the basis of the news item dated 12.07.2024.
As per the article, the report highlighted that Kerala witnessed 29,798 cases of wildlife attacks between 2017 and 2021, with 445 fatalities. Wayanad alone recorded 6,161 cases of wildlife attacks.
The news item highlights incident of elephants left unprotected and neglect of forest ecosystem preservation among other issues. The failure of the Kerala forest department to protect and maintain wildlife habitats is leading to fragmentation and loss of wildlife habitats and consequent increase in human-wildlife conflicts.
The news item further highlights the following reasons as the major cause behind increased human-wildlife conflicts in the state:
– Absence of carrying capacity studies of wildlife habitats
– Diversion of forest land for non forest purposes – Encroachments and unplanned developments
– Monoculture plantations
– Slow identification of elephant corridors
– Cattle grazing
– Not ensuring of food and water availability etc.
The news item also highlights the three development projects of the state which adversely impacted or has potential to adversely impact the human wildlife conflict situation. These are enlisted below:
– Construction of NCC strip adjacent to Periyar Tiger Reserve
– Setting up of an IIT campus in Palakkad
– Rehabilitation of landless tribals in Aralam Farm
The news item raises substantial issue relating to compliance of the environmental norms, especially compliance of Environment Protection Act of 1986, Forest Conservation Act, 1980 and the Biodiversity Act of 2002.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
(1). Wildlife Institute of India, through its Director.
(2). Ministry of Environment, Forest and Climate Change.
(3). Principal Chief Conservator of forest & head of forest force.
(4). Chief Wildlife Warden, Kerala.
The Bench issued notice to the Respondents.
Since the matter relates to the Southern Zonal Bench, Chennai, therefore, the Bench transferred the matter to the Southern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 27.09.2024.