Ratio
State is the Guardian of the interests of not only the human beings but also the wildlife, under the sacred document/the Constitution of India.

ELIPE DHARMA RAO, J.

1. By these matters, the legality or otherwise of the decision of the Government of Tamil Nadu to identify and notify ‘ Elephant Corridor ‘ at Nilgiris, and its consequential actions have been questioned by various parties.

2. The greatness of a Nation and its moral progress can be judged by the way its animals are treated ‘, so said the Father of the Nation Mahatma Gandhi.

3. It is with this spirit, the ‘ Project Elephant ‘ was launched in February, 1992 by the Government of India, Ministry of Environment and Forests, as a centrally sponsored scheme, to provide financial and technical support of wildlife management efforts by States for their free ranging populations of wild Asian Elephants. This project was to provide financial and technical support to major elephant bearing States in the country for protection of elephants, their habitats and corridors. The project aims to ensure long term survival of viable conservation reliant populations of elephants in their natural habitats by protecting the elephants, their habitats and migration corridors. Other goals of Project Elephant are supporting research of the ecology and management of elephants, creating conservation awareness among local people, providing improved veterinary care for captive elephants. It also seeks to address the issues of human elephant conflict and welfare of domesticated elephant. This project also aims to achieve the following objects:

1. Ecological restoration of existing natural habitats and migratory routes of elephants.

2. Development of scientific management planning for conservation of elephant habitats and viable elephant populations in India;

3. Promotion of measures for mitigation of man-elephant conflict in crucial habitats;

4. Moderating impact of human and domestic stock activities in crucial elephant habitats;

5. Strengthening of measures for protection of wild elephants from poachers and unnatural causes of death;

6. On Elephant management related issues;

7. Increase public conservation education and awareness programmes about elephants;

8. Eco-development of elephant habitats;

9. Provide improved veterinary care for elephants.

4. Under this scheme, with a view to minimize the incidents of man-animal conflict and to have effective control to check poaching, the Principal Chief Conservator of Forests and Chief Wildlife Warden has suggested that the private/patta lands forming the traditional movement corridors of animals, particularly elephants, between the Mudumalai Wildlife Sanctuary and National Parks to other parts and also from Eastern and Western Ghats may be brought under the control of the Forest Department, by acquiring the lands after paying compensation to the owners. The Ministry of Environment and Forests, Government of India, by its proceedings No. 2-15/2002-PE, dated 11.8.2006 has requested the Government of Tamil Nadu to take necessary action for notification and protection of the identified elephant corridors in the State. This is followed by another communication dated 14.12.2009.

5. Pursuant to the Government of India‘s communication, above referred, dated 11.8.2006, the Government of Tamil Nadu, under G.O. Ms. No. 93, Environment and Forests Department, dated 21.8.2007, has appointed an Exploratory Committee with Collector of Nilgiris as the Chairman, the members being (i) District Forest Officer, Nilgiris North Division; (ii) Wildlife Warden, Ooty; (iii) Revenue Development Officer, Ooty and (iv) the concerned Tahsildar. It has been stated by the official respondents that the said Committee was pursuing action to explore the possibility of acquiring the patta lands with the willingness of the farmers, who can spare their lands for elephant corridors.

6. While things stood thus, W.P. Nos. 10098 of 2008 has been filed by an Organisation named ‘ In Defence of Environment and Animals ‘ , represented by its Managing Trustee Elephant G. Rajendran, a practicing advocate of this Court as a probona