The Uttarakhand High Court has stayed the proposal to fell 3,300 trees in the Shivalik elephant reserve for a road-widening project connecting Bhaniyawala in Dehradun to Rishikesh.
The Bench of Chief Justice G Narendar and Justice Ashish Naithani on Wednesday directed the Counsel appearing for the State of Uttarakhand to intimate the officers not to commence tree felling till the next date of hearing.
It further ordered the respondents, including the Central government, to place on record the clearances mandated under the Forest Conservation Act; the compensatory afforestation scheme, if any, drawn up; the necessary compensatory afforestation fund, if it has been set apart; and also the environment impact and assessment report drawn up by the competent authority, on the next date of hearing.
The Bench directed the petitioner to file an affidavit with information on where the proposed highway project may overlap elephant corridors, and listed the matter for further hearing on March 21.
Filed by environmental activist Reenu Paul, the PIL raised concerns over severe environmental degradation and habitat destruction threatening the Asiatic elephant population in Uttarakhand, specifically within the Shivalik Elephant Reserve.
It expressed concern over the Uttarakhand government’s proposal to cut down over 3,300 trees in the Shivalik Elephant Reserve for a road-widening project, stating that it would disrupt elephant movement and exacerbate habitat loss.
The proposal to fell 3,00 trees was driven by rapid infrastructure expansion, including the development of eight railway stations that would cut through elephant corridors between Dehradun and Saharanpur and the widening of Thano Road and Bhaniyawala-Rishikesh Road, noted the PIL.
The environmental activist contended that such projects were being pursued without considering their long-term ecological consequences and in violation of the previous Supreme Court directives on wildlife conservation.
She further highlighted the alarming rise in elephant and human fatalities due to increasing human encroachments, infrastructure projects and fragmentation of forested areas.
The petition contended that the elephant and its habitat were facing immense environmental degradation and deprivation at a catastrophic pace.
It mentioned a report by the Times of India, which said that in the past five years, around 170 elephants have died in Uttarakhand. Over two dozen deaths took place during 2020 and 2021, including 104 males and 63 females.
It further cited the data available with the Forest department, stating that in the past five years, 45 humans lost their lives in elephant attacks. Eight people were killed during 2020 and 2021, it added.
The environmental activist also mentioned the State’s allegedly illegal decision to de-notify the Shivalik Elephant Reserve, despite a High Court stay order in a previous PIL.
She argued that this enabled the diversion of protected land for commercial projects, in clear violation of wildlife conservation norms.
The State of Uttarakhand failed to take adequate steps to conserve the notified elephant corridors, which were crucial for maintaining ecological balance and reducing human-wildlife conflicts, claimed the PIL.
It further drew attention to the lack of implementation of conservation measures recommended by the Supreme Court in the case of Hospitality Association of Mudumalai vs In Defence of Environment and Animals, underscoring the importance of protecting elephant habitats and corridors.
Despite commitments made by the Union and State governments in international fora to safeguard elephant populations, on-ground actions remained insufficient, with continued destruction of critical wildlife corridors, it added.
The activist urged the High Court to direct the government of India and the State of Uttarakhand to come up with a master plan for all wildlife corridors and habitats, to ensure a mechanism of regular checks and to update wildlife corridors for the purpose of elephant conservation.