PANJIM: The Supreme Court of India on Monday refused to grant a stay to the High Court order directing the Goa government to notify the Mhadei Wildlife Sanctuary and its surrounding areas as Tiger Reserve, and issued notices to the Goa Foundation, Ministry of Environment, Forest & Climate Change (MoEF&CC) and the National Tiger Conservation Authority (NTCA).
In effect this means that the Goa government has to declare Mhadei as a tiger reserve within one month notwithstanding the Goa government’s challenge to the High Court, widely hailed as a landmark judgment aimed at protecting Goa’s forests and rivers.
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The HC court judgement delivered by the bench of Justices M S Sonak and Bharat P Deshpande, JJ was welcomed by all who want Goa’s preservation for the next generations.
The Goa government had filed a special leave petition (SLP) challenging the July 24, 2023, High Court order directing it to notify the Tiger Reserve within three months from the date of the order and additionally to prepare a tiger conservation plan as per the Wildlife Protection Act and submit it to the NTCA within the same time-frame.
Forest Minister Vishwajit Rane refused to disclose the reason behind the government’s intention to file the SLP stating that when the matter was already in the Supreme Court, it was not advisable for him to say anything.
The National Tiger Conservation Authority (NTCA) was also directed by the High Court to render full assistance to the State government in completing the above process and to expeditiously process the government’s Tiger Conservation Plan and take a decision thereon in three months of receiving the tiger conservation plan from the government.
The government was directed to set up anti-poaching camps at strategic locations to be staffed by forest guards, watchers, etc, in the Wildlife Sanctuary and National Parks in Goa, which was to be completed in the next six months. Also, the government and the Forest Department were directed to take emergent steps 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.
Arguing on behalf of the State government, former Attorney general and senior counsel Mukul Rohatgi argued that there ought to be a proposal from the State government to the NTCA and only after that can the NTCA recommend to the government to notify the area as Tiger Reserve. But the Apex Court declined to stay the directions of the High Court and issued notices to the Goa Foundation, MoEF&CC and the NTCA.
PIL WRIT PETITION NO. 15/202 GOA FOUNDATION VS STATE OF GOA & others
THIS BIG ORDER IS NOT STAYED:
(i) We direct the State Government to notify the Mhadei WLS and other areas referred to in NTCA’s communications (and the plans prepared by the Goa Forest Department Officials) as a tiger reserve under Page 92 of 94 24th July 2023 915-PILWP-15-2022.DOC Section 38-V (1) of the WLPA within three months from today- Para 159
Two other significant directives to the Goa govt and NTCA
=>Take steps to prepare a tiger conservation plan as contemplated by Sec 38-V (3) of WLPA and forward the same to NTCA within three months from notifying Mhadei WLS and other areas as
Tiger Reserve
=>NTCA directed to render full assistance to govt in completing the above process and to expeditiously process the government’s Tiger Conservation Plan and take a decision thereon within three months of receiving the tiger conservation plan from the govt
