ORDER

Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stand disposed of.

Sd/-

.......................................J.M. (Justice K. Ramakrishnan)

Sd/-

...................................E.M.

(Dr. Satyagopal Korlapati)

O.A. No.97/2020 (SZ), 19th January, 2022. Mn.

Item No.2:-

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 97 of 2020 (SZ)

(Through Video Conference)

IN THE MATTER OF:

Bharathiraja. M S/o. V. Munuswamy

53 A Bangalore Main Road, Sriperumbudur – 602 105.

Kanchipuram District, Tamil Nadu.

...Applicant(s)

Versus

1) The State of Tamil Nadu, Rep., by its Director, Department of Environment, No.1, Jeenis Road, Panagal Building, Ground Floor, Saidapet, Chennai – 600 015.

2) Arignar Anna Zoological Park Rep. by its Director, Vandalur, Chennai – 600 048.

3) Union of India, Rep. by its Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Jor Bagh, New Delhi.

4) Central Zoo Authority, Rep. by its Chairman, B-1 Wing, 6th Floor, Pt. Deen Dayal Antyodaya Bhawan, CGO Complex, Pragati Vihar, New Delhi – 110 003.

5) The Principal Chief Conservator of Forests &

Chief Wildlife Warden (PCCF & CWLW)

Department of Forests, Panagal Maligai, Saidapet, Chennai – 600 001.

(Respondents No.3 to 5 impleaded as per Order in I.A. No.49/2020 (SZ) dated 15.07.2020)

...Respondent(s)

For Applicant(s): Mr. A. Yogeshwaran.

For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R5.

Mr. M.R. Gokul Krishnan for R3 & R4.

Judgment Reserved on: 13th December, 2021. Judgment Pronounced on: 19th January, 2022.

CORAM HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet – Yes/No Whether the Judgment is to be published in the All India NGT Reporter – Yes/No

J U D G M E N T

Delivered by Justice K. Ramakrishnan, Judicial Member.

1. This case pertains to indiscriminate removal of natural vegetation and planting exotic and invasive species in the Arignar Anna Zoological Park, Vandalur.

2. According to the applicant, planting of such species will affect the forest ecology and it will have impact on wildlife as well as biodiversity. The presence of native vegetation and shrubs in that area will attract birds and if it is substituted by the above exotic and invasive species of plantation, itwill affect the biodiversity as well as ecology of the forest area. Further, planting of such species more than the permissive limit willgoagainst the norms provided by the Ministry of Environment, Forest and Climate Change (MoEF&CC) and Central Zoo Authority.

3. It is alleged in the application that Chennai Zoo was originally established in 1855 as mooted by Dr. Edward Belford of Madras Museum and it was started in that area by collection of small animals near Madras Museum. Thereafter, it was transferred to Madras Corporation and they were housed in a zoo established over an area of 12.03 acres behind the then Moore Market Complex near Central Railway Station and it was functioning there for about 125 years. Since that area was cramped and did not meet the biological and behavioural needs of the animals, decision was taken to shift the zoo to an alternative site where adequate land to develop the required infrastructure for a modern zoo was available. Thereafter, after conducting due investigation, the Vandalur Reserve Forest was selected for this purpose which was spreading over an area of about 510 ha (in its initial stage) provided an environment similar to natural wilderness which would help to meet the biological and physiological need of the animals and birds. The Arignar Anna Zoological Park is one of the biggest Zoos in South East Asia, extending over an area of 602 ha. This portion was located in lands carved out of the Vandalur Reserved Forest and as such, it is more important to maintain the area fr