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2022 Supreme(Raj) 1442

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Kuldeep Mathur, JJ.
Tal Chappar Sanctuary – Appellant
Versus
Principal Secretary, Govt. Of Rajasthan & Ors. – Respondents
D.B. Civil Writ Petition No. 6162/2022
Decided On : 31-08-2022

Advocates appeared:
Rituraj Singh Rathore, Amicus Curiae and R.N. Mehrotra, Chief Wild Life Warden, Advocates., for the Appellant
Sandeep Shah, Senior Advocate-cum-AAG assisted by Abhimanyu Singh, Sunil Beniwal, AAG, D.K. Godara, Manish Patel and Moti Singh, Advocates., for the Respondents

The main legal point established in the judgment is the court's authority to protect wildlife and natural habitats, as well as to enforce mandatory guidelines for determining Eco-sensitive Zones laid down by the Supreme Court.

Headnote:

Environment - Tal Chappar Wildlife Sanctuary - Indian Forest Act, 1927, Wildlife Act - The court took note of a newspaper report indicating the State Government's proposal to reduce the Eco-Sensitive Zone of the Tal Chappar Sanctuary to 3 km under pressure from mine owners and stone crusher operators. The court directed a complete prohibition on reducing the sanctuary's area, completion of proceedings for hearing objections to the draft gazette notification, and the proposal for declaring the Eco-Sensitive Zone. The court also struck down the renotification of a road passing through the sanctuary and directed its denotification, and directed the inclusion of maximum possible area from the salt pans adjoining the sanctuary into the forest area. Additionally, the court directed the conversion of maximum possible government revenue land around Jaswantgarh forest block into forest category and the removal of Prosopis Juliflora bushes from the entire area, along with extensive plantation of grass and native trees. An expert panel of five persons, including two from the Forest Department, was to supervise and monitor these operations.

Fact of the Case:

The court took note of a newspaper report indicating the State Government's proposal to reduce the Eco-Sensitive Zone of the Tal Chappar Sanctuary to 3 km under pressure from mine owners and stone crusher operators. The court registered a suo moto PIL writ petition to address the matter.

Finding of the Court:

The court found a dire need to increase the area of the Tal Chappar Wildlife Sanctuary due to the significant increase in the population of Blackbucks, which was leading to straying into nearby areas, posing risks to the animals and potential conflicts with humans. The court also found the need to create a corridor between the Tal Chappar Sanctuary and Jaswantgarh Forest Block, and directed various measures to address these issues.

Issues: The main issue was the proposed reduction of the Eco-Sensitive Zone of the Tal Chappar Sanctuary, as well as the need to address the increasing population of Blackbucks and create a corridor between the sanctuary and the Jaswantgarh Forest Block.

Ratio Decidendi: The court's decision was influenced by the need to protect the wildlife and natural habitat of the Tal Chappar Sanctuary, as well as to address the increasing population of Blackbucks and the potential risks associated with their straying into nearby areas. The court also considered the mandatory guidelines for determining Eco-sensitive Zones laid down by the Supreme Court in a recent order.

Final Decision: The court directed a complete prohibition on reducing the sanctuary's area, completion of proceedings for hearing objections to the draft gazette notification, and the proposal for declaring the Eco-Sensitive Zone. The court also struck down the renotification of a road passing through the sanctuary and directed its denotification, and directed the inclusion of maximum possible area from the salt pans adjoining the sanctuary into the forest area. Additionally, the court directed the conversion of maximum possible government revenue land around Jaswantgarh forest block into forest category and the removal of Prosopis Juliflora bushes from the entire area, along with extensive plantation of grass and native trees. An expert panel of five persons, including two from the Forest Department, was to supervise and monitor these operations.

JUDGMENT

1. Lord Krishna said in Shri Bhagwat Geeta:

    (Bhagwat Geeta Chapter 3 Verse 14)

    All living beings subsist on food, and food is produced by rains. Rains come from the performance of Yagna or sacrifice, and Yajna or sacrifice is born out of actions that are filled with responsibility towards environment, ecology and society as a whole.

    2. A hundred and thirty-two years ago, in 1854, 'the wise Indian Chief of Seattle' replied to the offer of 'the great White Chief in Washington' to buy their land. The reply is profound. It is beautiful. It is timeless. It contains the wisdom of the ages. It is a profound statement on environment. We are tempted to quote the whole of it:

        "How can you buy or sell the sky, the warmth of the land? The idea is strange to us.

        "If we do not own the freshness of the air and the sparkle of the water, how can you buy them?

        "Every part of the earth is sacred to my people. Every shining pine needle, every sandy shore, every mist in the dark woods, every clearing and humming insect is holy in the memory and experience of my people. The Sap which courses through the trees carries the memories of the red man.

        "The white man's dead forget the country of their birth when they go to walk among the stars. Our dead never forget this beautiful earth, for it is the mother of the red man. We are part of the earth and it is part of us. The perfumed flowers are our sisters; the horse, the great eagle, these are our brothers. The rockly crests, the juices in the meadows, the body heat of the pony, and man-all belong to the same family.

        "So, when the Great Chief in Washington sends word that he wishes to buy our land, he asks much of us. The Great Chief sends word he will reserve us a place so that we can live comfortably to ourselves. He will be our father and we will be his children. So we will consider your offer to buy our land. But it will not be easy. For this land is sacred to us.

        "This shining water moves in the streams and rivers is not just water but the blood of our ancestors. If we sell you land, you must remember that it is sacred, and you must teach your children that it is sacred and that each ghostly reflection in the clear water of the lakes tells of events and memories in the life of my people. The water's murmur is the voice of my father's father.

        "The rivers are our brothers, they quench our thirst. The rivers carry our canoes, and food our children. If we sell you our land, you must remember, and teach your children, that the rivers are our brothers, and yours and you must henceforth give the kindness you would give any brother.

        "We know that the white man does not understand our ways. One portion of, land is the same to him as the next, for he is a stranger who comes in the night and takes from the land whatever he needs. The earth is not his brother but his enemy, and when he has conquered it, he moves on. He leaves his father's graves behind, and he does not care.

        "He kidnaps the earth from his children. His father's grave and his children's birth right are forgotten. He treats his mother, the earth, and his brother, the sky, as things to be bought, plundered, sold lie sheep or bright beads. His appetite will devour the earth and leave behind only a desert.

        "I do not know. Our ways are different from your ways. The sight of your cities pains the eyes of the red man. But perhaps it is because the red man is a savage and does not understand.

        "There is no quite place in the white man's cities. No place to hear the unfurling of leaves in spring or the rustle of an insect's wings. But perhaps it is because I am a savage and do not understand. The clatter only seems to insult the ears. And what is there in life if a man cannot hear the lonely cry of the whippoorwill or the arguments of the frogs around a pond at night? I am a red man and do not understand. The Indian prefers the soft sound of the wind darting over the face of a pond, and the small of the wind itself, cleansed by a mid-day rain, or scented with t

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