The main legal point established in the judgment is that the non-availability of funds cannot be an excuse for non-compliance with a statutory duty, especially when it is pursuant to the Directive Principles of State Policy.

JUDGMENT

D. Bharatha Chakravarthy, J.

A. The Previous Orders & The Question :

By earlier orders of this Court dated 16.09.2023 and 11.10.2022, in the above matters, this Court specifically ordered relocation of Thengumarahada Village in the Mudumalai Tiger Reserve and in the Order dated 08.06.2023, this Court had specially considered the objections raised by the Additional Solicitor General and overruled the same. From then on the matter was pending for provision of funds by the National Tiger Conservation Authority and after repeated hearings, it was pleaded that there is no funds with them and it was suggested to implead the National and State CAMPA Authorities and after impleading and them, all the authorities made their submissions and it is finally submitted by the Learned Additional Solicitor General that in view of the paucity of funds with the NTCA and the National CAMPA authority is not directly liable to fund the project, this Court should reconsider its earlier positive directions to relocate the village and instead leave it to the respondents to relocate the village depending on the availability of funds as per their priority.

1.1 Under these circumstances, the question that arises for our consideration in these proceedings is that whether or not paucity of funds can be validly pressed into service for non-compliance of the earlier directions of this Court and whether or not positive directions can be issued to utilise the National CAMPA fund for the purpose ?

B. MUDUMALAI & SATYAMANGALAM TIGER RESERVE :

2.  Mudumalai Tiger Reserve and Sathyamangalam Tiger Reserve form part of Bharmagiri, Nilgiri and Eastern Ghat ranges and Nilgiri Bioshpere in the Western Ghats and connect to the Eastern Ghats, is a forest link between Western and Eastern Ghats and is also surrounded across the border by Billigiriranga Swamy Temple Wildlife Sanctuary, Bandipur National Park, Cauvery Wildlife Sanctuary etc. of Karanataka and Kerala states.

2.1. Located in the junction of the three States of Kerala, Karnataka and Tamil Nadu, not only these Tigers Reserve are known not only for their Tiger population, but are home for Fauna such as as bonnet macaque (Macaca radiate), common or Hanuman langur (Semnopithecus entellus), slender loris (Loris tardigradus), tiger (Panthera tigris), leopard (Panthera pardus), leopard cat (Felisbengalensis), fishing cat (Felis viverrina), jungle cat (Felis chaus), small Indian civet (Viverrriculaindia), common palm civet or toddy cat (Paradoxurus hermaphroditus), common mongoose (Herpestesedwardsi), stripe necked mongoose (Herpestesvitticollis), smooth coated otter (Lutraperspicillata), striped hyena (Hyaena hyaena), jackal (Canis aureus), wilddog or dhole (Cuon alpinusdukhunensis), sloth bear (Melursus ursinus), Malabar giant squirrel (Ratufa indica), three striped palm squirrel (Funambulus palmarum), field mouse (Mus boduga), Indian bush rat (Golundaelliotti), common house rat (Rattus rattus), bandicoot rat (Bandicota indica), house mouse (Mus musculus), Indian porcupine (Hysteris indica), black naped hare (Lepus nigricollisnigricollis), Asianelephant (Elephus maximus), gaur (Bos gaurus), four horned antelope orchowsingha (Tetracerus quadricornis), blackbuck (Antilope cervicapra),sambar (Cervus unicolor), chital or spotted deer (Axis axis), muntjak orbarking deer (Muntiacusmuntjak), Indian chevrotain or mouse-deer (Tragulusmeminna), wild boar (Sus scrofa), Indian pangolin (Maniscrassicaudata), etc.

2.2 They are also home for Flora such as Australian wattle (Acaciaauriculiformits), velvelam (Acacia leucophloea), vagai (Albizia lebbeck), mundiri (Anacardium occidentale), palieechi (Antidesmamenasu), palaa (jack fruit) (Artocarpus heterophyllus), malaiathi (Bauhinia malabarica), kumancham (Boswellia serrata), vettilai-pattai (Callicarpa tomentosa), kondarai (Cassia fistula), savukku (Casuarina equisetifolia), pancumulkiluvai (Commiphoraberryi), railpoondu (Croton oblongifolius), ma