Supreme Court Refuses to Hear Plea Against Gauhati High Court’s Decision on Kaziranga National Park

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“That issue is pending before this court,” observed the bench, referring to the concerns about the eco-sensitive zone.

New Delhi, March 17– The Supreme Court of India on Monday declined to hear a petition challenging an order from the Gauhati High Court, which had adjourned sine die (without setting a future date) a case related to the protection and preservation of Kaziranga National Park in Assam.

A bench comprising Justices B R Gavai and Augustine George Masih remarked that issues concerning the park, including the declaration of the eco-sensitive zone, are already under consideration by the apex court.

The bench advised the petitioner’s counsel to withdraw the plea filed in the high court and instead submit an application in the ongoing proceedings before the Supreme Court.

“That issue is pending before this court,” observed the bench, referring to the concerns about the eco-sensitive zone.

Following this observation, the petitioner’s counsel agreed to withdraw the plea with the liberty to file an appropriate application in the Supreme Court.

The original petition before the Gauhati High Court had highlighted multiple concerns regarding Kaziranga National Park, including the need for a formal declaration of the eco-sensitive zone. The petitioner emphasized that these issues are crucial for the park’s biodiversity and ecosystem.

In its previous order dated December 6, 2023, the Gauhati High Court decided to adjourn the matter sine die.

The high court noted that

“no material was brought before it to show that the issue relating to eco-sensitive zone with respect to Assam in general and for the Kaziranga National Park in particular was finally decided by the Supreme Court.”

The Public Interest Litigation (PIL) submitted in the high court aimed to address several critical issues, such as:

  • Protection of the park’s bio-diversity and ecosystem.
  • Declaration of the eco-fragile zone.
  • Safeguarding the nine notified animal corridors.
  • Curbing unauthorized industrial and non-forest activities.

The petitioner also expressed concerns regarding non-forest activities, including illegal settlement within forest areas, which could harm the park’s ecological balance.

The plea referred to a report by the Comptroller and Auditor General (CAG) of India, which warned that “a change in land pattern and other non-forest activities might wipe out the one-horned rhino to extinction.”

Kaziranga National Park is globally renowned for being home to the one-horned rhinoceros. Its diverse landscape, consisting of elephant grass, marshland, and dense tropical moist broadleaf forests, provides a habitat for various wildlife species. These include the hoolock gibbon, tiger, leopard, Indian elephants, sloth bear, wild water buffalo, and swamp deer.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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