PANJIM: The State government has filed a special leave petition (SLP) before the Supreme Court of India challenging the order of the High Court of Bombay at Goa directing the State to declare the Mhadei Wildlife Sanctuary and other surrounding areas as Tiger Reserve within three months from the date of the order.
Former Attorney General of India and senior counsel Mukul Rohatgi will represent the State in the Apex Court.
The high court order, delivered on July 24, gives the state three months to issue the declaration. The court also directed the government to take all steps to prepare a tiger conservation plan within the same time period.
The High Court Division Bench comprising Justice Mahesh S Sonak and Justice B P Deshpande by an order on July 24, had directed the State government to notify the Mhadei Wildlife Sanctuary and other areas referred to in National Tiger Conservation Authority (NTCA)’s communications as a Tiger Reserve under Section 38-V (1) of the Wildlife Protection Act (WLPA) within three months from the date of the order.
The High Court had also pointed out that the State government had defied Supreme Court timelines and directives to settle the rights of forest dwellers and the government used this delay as an excuse for not notifying the Tiger Reserve.
The Court also directed the State government to take all steps to prepare a tiger conservation plan as contemplated by Section 38-V (3) of the WLPA. It had also directed to forward the same to the NTCA within three months of notifying the Mhadei Wildlife Sanctuary and other areas as a Tiger Reserve.
It was firmly understood by Environmentalists and others that this historic judgment would further protect the river Mhadei from being diverted to Karnataka. Though water diversions from Wildlife Sanctuaries, which Mhadei is now, are not permitted under the Wildlife Protection Act, a Tiger Reserve gives Mhadei an extra and impenetrable layer of security
Meanwhile, environmentalists and activists have slammed the State government for challenging the High Court order.
Environmentalist Rajendra Kerkar said that the steps taken by the government challenging the High Court order to declare Tiger Reserve is misfortunate. Instead of following the High Court order, the government’s move clearly indicates that it wants to protect the interest of persons having an interest in resuming mining activities inside the protected areas and illegal eco-tourism activities.
Kekar criticised the government for appointing senior counsel Mukul Rohatgi, who he said, was charging nearly Rs 25 lakh per hearing. He warned that if the area is not declared a Tiger Reserve, then Goa’s forests will continue to be vulnerable and it will have serious implications for the tiny State when the world is facing climate change and global warming.
Environmentalist Ramesh Gauns said, “This is stupidity. Tiger Reserve signifies the health of the State. It also tells you how healthy your food chain is. It also helps in protecting your water bodies. I do not understand the reason for the government challenging the High court order in the Supreme Court.”
“The Prime Minister is the head of the Tiger Project. In such a case how is the State government going to the Supreme Court? If somebody wants to challenge it, then they should do so from their own pocket. A person who does not want tigers in the State should fight on his own. The Chief Minister should not fall into this kind of trap. The Government is really working hard to nullify the High Court order which protected Mother Mhadei,” Gauns said.
Activist Rajan Ghate said, “This government works against Goans. Earlier the government used taxpayers’ money for the Mhadei case and now it is using it to oppose the Tiger Reserve. Which people are the government with, Sattari or Karnataka? We are fighting for the next generation because tomorrow we will have to beg for water. The Senior counsel engaged by the government charges Rs 66 lakh for each appearance. It’s taxpayer’s money.”
Historic High Court order which the people welcomed
The High Court Bench of Justice Mahesh S Sonak and Justice B P Deshpande on July 24, directed the State government to notify the Mhadei Wildlife Sanctuary and other areas referred to in National Tiger Conservation Authority (NTCA)’s communications as a Tiger Reserve under Section 38-V (1) of the Wildlife Protection Act (WLPA) within three months from the date of the order.