AG says fate also to depend on outcome of SLP before SC
PANAJI
As it proposes to seek extension in time from the Bombay High Court at Goa, the State government is of the clear view that with restrictions, par with those for tiger reserve already been in force across wildlife sanctuaries, there is no need for an immediate notification to declare Mhadei Wildlife Sanctuary and its surrounding areas as tiger reserve. The three-month deadline issued by the High Court ends on October 24.
The government is also of the opinion that the fate of tiger reserve will depend on the outcome of the special leave petition (SLP) filed before the Supreme Court, who is likely to hear the matter on November 10.
Speaking to media persons on Tuesday, Advocate General Devidas Pangam said that he has advised the government to file an application before the High Court, within a week, seeking more time to complete the process of declaring and notifying Mhadei Wildlife Sanctuary and its core areas as tiger reserve.
“The extension will be sought in the High Court on the basis that the matter is pending before the Supreme Court and the process of settling the Forest Dwellers Rights is underway, which is very important before issuing the notification,” Pangam said adding that the Supreme Court has already issued notices to Central government authorities based on our SLP.
Explaining further about the High Court order dated July 24, Pangam said that as wildlife reserves themselves are proposed to be declared as tiger reserves and there are already strict restrictions in place vis-à-vis wildlife reserves, no immediate notification is required.
“The State will contend that since the government is strictly implementing all the restrictions as per Wildlife Protection Act, across all the wildlife sanctuaries, which are set to be declared as tiger reserve, there is no need for immediate notification. After HC direction new orders have also been issued by the government for streamlining protection of wildlife reserves,” Pangam said.
“Even if we don’t notify it (tiger reserve) immediately, there won’t be any impact,” he added.
“Ultimately, the fate of the tiger reserve will depend on the outcome of the case filed in the Supreme Court,” he added further.
Further, Advocate General said that the other issue raised by the Court was related to encroachments. He asserted that there are no encroachments and that the government is continuously monitoring the situation.
The High Court, through its judgment, had directed the State to prepare a tiger conservation plan as per the Wildlife Protection Act and submit it to the NTCA, the nodal agency.
The Forest Department had to ensure that there are no encroachments in the protected forest areas like Wildlife Sanctuary and National Parks pending notification of the tiger reserve, and even after that.
The government was also directed to determine and settle the rights and claims of the Scheduled Tribes (STs) and forest dwellers following the law as expeditiously and preferably within 12 months from the date of the order.
