Enviro Legal Defence Firm The Enviro Legal Defence Firm (ELDF), India’s first environmental law firm established in 1999 aims at mainstreaming natural resource law, resolving conflicts over resources and strengthening environmental jurisprudence. C Specifically, ELDF represents individuals and organizations in courts and before O administrative agencies in cases that would have significant impact in N CONSERVING PROTECTED AREAS protecting environment, resources and ecosystems and establish important S precedents in case law; provides consultancy based research and training on E R AND WILDLIFE natural resources law that can be used by others to protect both urban and V rural environment; AI N N G D P W WWF-India R World Wide Fund for Nature (WWF) is one of the world’s largest and most IO L respected independent conservation organizations. Its mission is to stop the DT E degradation of the planet’s natural environment, which it addresses through LC I its work in biodiversity conservation and reduction of humanity’s ecological FT EE footprint. It has been working on these issues in India for over four decades D now. A R E A S A J U D I C I A L J O U R N Contact Information: E Y WWF-India Enviro Legal Defence Firm 172 B, Lodhi Estate 278, Sector 15-A, NOIDA-201301 New Delhi 110003, India Uttar Pradesh, India Phone: +91 11 41504775 Phone: +91-120-2517248 A JUDICIAL JOURNEY Email: [email protected] Email: [email protected], [email protected] CONSERVING PROTECTED AREAS AND WILDLIFE A JUDICIAL JOURNEY fffffooooorrrrr aaaaa llllliiiiivvvvviiiiinnnnnggggg ppppplllllaaaaannnnneeeeettttt ®®®®® Contact Information: Enviro Legal Defence Firm 278, Sector 15-A NOIDA-201301 Uttar Pradesh, India Phone: +91-120-2517248 Email: [email protected], [email protected] WWF India 172 B, Lodhi Estate New Delhi 110003 India Phone: +91 11 41504775 Email: [email protected] Citation: ELDF and WWF India 2009, Conserving Protected Areas and Wildlife: A judicial journey. New Delhi Authored by Sanjay Upadhyay and Amruta Sane Edited by Sejal Worah, Vishaish Uppal and Priya Gupta Cover Page and Line drawings: Avanti Mehta Published by World Wide Fund for Nature, New Delhi Printed at Printworks, F-25, Okhla Industrial Area, Phase-I, New Delhi-110020 October 2009 The contents of this report may be used by anyone providing acknowledgement to WWF/ELDF. The information herein has been obtained from sources, which the authors and publishers believe to be reliable. But the authors and publishers do not guarantee its accuracy or completeness. The authors and publishers make no representation or warranty, express or implied, concerning the fairness, accuracy, or completeness of the information and opinions contained herein. All opinions expressed herein are based on the authors and publishers judgment at the time of this report and are subject to change without notice due to economic, political, industry and firm-specific factors. The authors, publishers and any one associated with the report are not liable for any unintended errors and omissions, and opinions expressed herein. ©2009 WWF and ELDF. The paper for this publication has been sourced from Forest Stewardship Council (FSC) certified manufacturer. CONSERVING PROTECTED AREAS AND PRESERVING WILDLIFE Foreword In the national context, the role of environment law in fostering sustainable development is significant. For this purpose, WWF India established the Centre for Environmental law in 1993 to strengthen the professional and educational support base for environmental law and policy in India. The Centre for Environmental Law is a unique experiment in institution building which combines research and education with legal activism. To address environmental issues in various ecologically important areas, the Centre for Environmental Law instituted cases ranging from protection of biological hotspots like Bhittarkanika in Orissa to getting a better protection status for the Delhi ridge in respective High Courts. Through these cases and other studies it was felt that the provisions of the Act under which the Protected Areas of our country have been notified are not being implemented to secure them. Thus CEL filed a public interest litigation in the Supreme Court in 1995. This legal intervention brought the issue of the status of our national parks and sanctuaries to the forefront. It generated significant concern on how these biologically important areas were being managed. The case has had immense impacts on the ground in the way our PAs are managed. This would not have been possible without the late Mr. Chattrapati Singh, the then Director of the Centre for Environmental Law who was instrumental in preparing and submitting this petition. WWF India would also like to recognize the support of Mr. Raj Panjwani - our arguing counsel - and his tremendous contribution to this case. He has been following the case since inception and has been at the forefront of the intervention. Credit is also due to my colleagues in WWF who have constantly monitored the case and its impacts on the ground. This publication, in collaboration with Enviro Legal Defence Firm, is an attempt to understand the impacts that this public interest litigation has had at the National and State level. We hope it will be useful for park managers, lawyers, environmentalists, wildlife enthusiasts and organizations working in the field of conservation. We hope that this book will serve the cause of conserving our protected areas. Ravi Singh Secretary General & Chief Executive Officer WWF India | i | CONSERVING PROTECTED AREAS AND PRESERVING WILDLIFE In memory of Late Dr Chatrapati Singh A pioneer in environmental law | ii | CONSERVING PROTECTED AREAS AND PRESERVING WILDLIFE Acknowledgements Unraveling legal documents, especially affidavits, court orders, bad prints, has never been an easy task. Substantive legal analysis with precision therefore requires a team effort where so many people put in their bit although the primary authors take the credit. So lets me begin by saying that although Amruta and I are seen as principal authors of this effort, I would like to acknowledge our entire team at Enviro Legal Defence Firm including some who have left for greener pastures. Shilpa Chohan, Mohd Shawahiq Siddiqui to name a few. ELDF interns have also put in their effort in putting this whole effort together. Saumya Tandon of Delhi University, Faculty of Law and Sahar Bakht from National Law India University, Bhopal deserve special mention. The list would be incomplete without the initial discussants Dr. Sejal Worah, Ms. Tara Rao and Ms. Vishaish Uppal of WWF India and their support for the idea. An equal share of thanks must go to all the advocates on record and arguing counsels for providing their valuable inputs. We especially thank Mr. Raj Panjwani for providing extremely crucial and constructive inputs and also tirelessly attending all the hearings under this case. I specially want to thank Ravi Singh, CEO and Secretary General, WWF- India for his constant support and guidance in this entire effort. Last but not the least Vishambar Dutt of ELDF for all the tireless typing of mundane court orders and text which has made him almost a lawyer! Sanjay Upadhyay Advocate, Supreme Court of India and Managing Partner Enviro Legal Defence Firm | i | CONSERVING PROTECTED AREAS AND PRESERVING WILDLIFE List of Abbreviations ACR Annual Confidential Report ADM Additional District Magistrate AFPF Assam Forest Protection Force AP Andhra Pradesh ASI Archaeological Survey of India BDV Borna Disease Virus BIP Ban Sagar Irrigation Project BML Bhakra Main Line BP Biological Park BS Bird Sanctuary BSF Border Security Force CCF Chief Conservator of Forests CEC Central Empowered Committee CEL Centre for Environment Law CISF Central Industrial Security Force CRZ Coastal Regulation Zone CS Cadastral Survey CSS Centrally Sponsored Scheme CWP Civil Writ Petition CWLW Chief Wildlife Warden DBBL Double Barrel Breech Loading DCF Deputy Conservator of Forests DFO Divisional Forest Officer DGP Director General of Police DIG Deputy Inspector General DM District Magistrate EF Expenditure and Finance FAC Forest Advisory Committee FCA Forest Conservation Act FMD Foot and Mouth Disease FSO Forest Settlement Officer GO Government Order GOI Government of India HC High Court HEH His Exalted Highness HF-RT High Frequency Radio Transmission HP Hewlett-Packard HSV Herpes Simplex Virus HWW Honorary Wildlife Warden IA Interlocutory Application IAF Indian Air Force | ii | CONSERVING PROTECTED AREAS AND PRESERVING WILDLIFE IBWL Indian Board for Wildlife IFA Indian Forest Act IG Inspector General ITBF Indo Tibetan Border Force J&K Jammu and Kashmir KV Kilo Volt LMV Light Motor Vehicle MoEF Ministry of Environment and Forests MOU Memorandum of Understanding MP Madhya Pradesh NBWL National Board for Wildlife NGO Non Governmental Organisation NHPC National Hydroelectric Power Corporation NOC No Objection Certificate NP National Park NPV Net Present Value ONGC Oil and Natural Gas Corporation OT Official Translation PA Protected Area PCCF Principal Chief Conservator of Forests PIL Public Interest Litigation R&R Resettlement and Rehabilitation ROPs Resident of Permits RP Rinder Pest RT Radio Transmission SBBL Single Barrel Breech Loading SC Supreme Court SLP Special Leave Petition SLR Self Loading Rifle STR Simlipal Tiger Reserve SWAB State Wildlife Advisory Board T Territorial TCP Tiger Conservation Project THDC Tehri Hydro Development Corporation TN Tamil Nadu TRAFFIC Trade Records Analysis of Flora and Fauna in Commerce UOI Union of India UP Uttar Pradesh UT Union Territory VHF Very High Frequency WLPA Wildlife Protection Act WP (C) Writ Petition (Civil) WPC Wireless Planning and Coordination WS Wildlife Sanctuary WW Wildlife Warden WWF World Wide Fund for Nature | iii | CONSERVING PROTECTED AREAS AND PRESERVING WILDLIFE | iv | CONSERVING PROTECTED AREAS AND PRESERVING WILDLIFE TABLE OF CONTENTS Chapter 1- THE BEGINNING..............................................................................................................................1 1.1. Implementation of provisions of the Wildlife Protection Act in Protected Areas areas- sought to be redressed by Court action .........................................................................................................................1 Chapter 2 - NATIONAL IMPLICATIONS............................................................................................................3 2.1. Meeting of the Indian (now National) Board for Wildlife: Laxity at the National level?...............................3 2.2. State Wildlife Advisory Boards (now State Board): Laxity at the State level? ..............................................5 2.3. Setting time lines and using contempt as a strategy for eliciting responses................................................6 2.4. Compliance with Wildlife Protection Act provisions: States’ responses reflect an interesting pattern .........6 2.5. Clarificatory order on necessary steps in order to appoint Wildlife Wardens were required to be taken by the States/Union Territory issued: Still misunderstood!...........................................................6 2.6. Tiger conservation ...............................................................................................................................7 2.7. Settlement of rights: Within one year from 22.08.1997?...........................................................................7 2.7.1. Settlement of rights: Constraint of funds for compensation!....................................................8 2.7.2. Rationalising of boundaries: Task Force created........................................................................8 2.8. Guarding denotification or dereservation of Protected Areas: Changing statutory procedures through judicial intervention ...................................................................................................................................9 2.9. Control over poaching: More arms, more communication more equipments!............................................9 2.10. Increase of Financial Outlay for arms and ammunitions: Planning Commission influenced by Court orders! ......................................................................................................................................................9 2.11. Simplifying process ................. ................................................................................................................10 2.12. Immunization of livestock: Non compliance results in directions for establishing Veterinary Centre of the Animal Husbandry Department..........................................................................................................10 2.13. Money for veterinary facilities provided through Centrally Sponsored Schemes .......................................10 2.14. Registration of arms: Rules to be framed? ...............................................................................................10 2.15. Compliance of Court orders: Merely Court orders communicated............................................................11 2.16. General implementation concerns: Passing the buck or a genuine implementation limitation of Government of India?..............................................................................................................................11 2.17. Funds: Availability versus under utlisation ................................................................................................11 2.18. Control over poaching activities within Protected Areas: Combating wildlife crime: Some issues-creating Armed Forces similar to Provincial Armed Constabularies? ...............................................12 2.19. Mobility- a concern: Inadequate vehicles at the range level......................................................................12 2.20. Strengthening of regional offices.............................................................................................................12 2.21. Central legislation implementation: Union cannot pass the buck as States’ responsibility.........................12 2.22. Release and diversion of funds: Two major reasons that impact Park management- Planning Commission needs to act.........................................................................................................................13 2.23. Diversion of Protected Areas: Court’s response and Central Government’s response...............................13 | v |