Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 1565

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Dr. Arun Kumar Verma, EM
NEWS ITEM TITLED PROPOSED LUXURY HOTELS IN AND AROUND KAZIRANGA THREATEN WILDLIFE CONSERVATION LIVELIHOOD APPEARING IN MONGABAY DATED 31 07 2024 – Appellant
Versus
PRINCIPAL CHIEF CONSERVATOR OF FOREST ASSAM – Respondent
Original Application No.175/2024/EZ | Earlier O.A. No.1049/2024/PB

Advocates:
For the Applicant(s): Suo Motu
For the Respondent(s): Mr. Devajit Saikia, AG, Assam, Ms. Malabika Roy Dey, Adv. for R-1 & 2, Ms. Amrita Pandey, Adv. for R-3 & 4

Regulated tourism projects beyond one kilometer of protected areas are permissible if they comply with applicable environmental regulations.

Headnote:(A) National Green Tribunal Act, 2010 - Environmental protection - Proposed tourism infrastructure projects threatening wildlife conservation in Kaziranga National Park - Allegations in media regarding impact on existing ecosystems and local livelihoods - The court emphasizes the need for proper examination of proposals in accordance with established environmental laws. (Paras 2, 3, 22, 25)

(B) Wildlife Conservation - Projects in the vicinity of protected areas must comply with guidelines and regulations applicable to Eco-Sensitive Zones - The Government of Assam has stated its commitment to conservation while also permitting regulated tourism infrastructure development. (Paras 19-21)

Facts of the case:
This matter arose from a suo motu case initiated due to a news article alleging that proposed luxury hotels near Kaziranga National Park threaten wildlife and disrupt local livelihoods. The park is a UNESCO World Heritage site supporting diverse wildlife.

Findings of Court:
The court found that the proposed sites for tourism projects are outside the one-kilometer buffer zone of the national park and thus fall within the regulations set forth for Eco-Sensitive Zones. The concerns raised are deemed premature as no detailed project proposals have been submitted for review.

Issues: The key issues involved whether the proposed hotels violate ecological protections and the status of the Eco-Sensitive Zone around Kaziranga National Park.

Ratio Decidendi: The court concluded that as of now, the zoning regulations do not prohibit the proposed tourism projects from proceeding beyond the one-kilometer limit, thus dismissing the application due to lack of substantial evidence.

Result: Application dismissed.

Table of Content
1. premature allegations regarding tourism projects' impact on wildlife. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. regulatory compliance for tourism developments in eco-sensitive zones. (Para 7 , 8 , 19 , 20)
3. affidavits support controlled tourism activities outside protected areas. (Para 10 , 11 , 12 , 13 , 22)
4. application dismissed due to lack of evidence on environmental violations. (Para 25)

ORDER

1. The Original Application No.1049/2024/PB was registered as a suo motu case by the New Delhi Bench of the National Green Tribunal on the basis of a news item titled “Proposed luxury hotels in and around Kaziranga threaten wildlife conservation, livelihood” published in Mongabay newspaper dated 31.07.2024.

2. The allegation in the news article is that the upcoming tourism infrastructure projects in the Kaziranga National Park and Tiger Reserve (KNPTR) in Assam, could be a threat to wildlife, resulting in displacement, negative environmental impact and movement of wild animals, especially in the Inle Pothar area which has been a traditional haven for elephants.

3. It is stated in the article that the Kaziranga National Park and Tiger Reserve is spread over 1300 square kilometers and is a UNESCO World Heritage site, home to the famed one – horned rhinoceros, elephants, tigers, wild buffaloes and wild boars among other species.

4. In the news item it is also alleged that in 2023, the Government announced that the Kaziranga National Park would soon have a five-star resort to attract tourists from across the world. Paras 4, 5, 6 and 7 of the order dated 07.08.2024 read as under:-

....................x...................x..............x................x...............x.................

“4. The news item asserts that one of the sites of the projects is Inle Pothar, a 19-acre farmland in the Kohora town of the state’s Golaghat district. It alleges that the authorities have put up fences all around Inle Pothar and also deployed 35-40 armed commandos to guard the area. The article emphasizes that this area, apart from serving as an important passage for animals, has also been cultivated by indigenous farmers for generations. As Inle Pothar and the adjoining tea gardens lie on the foothills of Karbi Hills, animals use this area during floods, while scouting for natural highlands. Once this area gets blocked, they will enter villages, and this will aggravate human- animal conflict. Furthermore, Inle Pothar is also called the playground for elephants. It has over 400 elephants and the area has a history of peaceful coexistence between people and elephants.

5. Over 45 farmer families survive on the yield produced from the 19- acre land in Inle Pothar, of which 9.9 acre has been earmarked for the luxury hotels project. Even though the authorities have marked it as government land, the article claims that the farmers have been paying revenue land taxes for more than a decade. Moreover, In the Tata-owned Hathikuli tea estate, eight acres have reportedly been earmarked for the IHCL to build a luxury resort. The article states that Around 1,500 people work in Rongajan and Hatikhuli tea gardens, whose livelihood will be affected by the hotels.

6. The news item further highlights that Currently, KNPTR has nine animal corridors delineated: Amguri, Bagori, Chirang, Deosur, Harmati, Hatidandi and Kanchanjuri in Nagaon district and Haldibari and Panbari in Golaghat district. In 2022, the Supreme Court had directed that every protected forest (national park or sanctuary) should have a one kilometre Eco Sensitive Zone (ESZ), where no infrastructure projects would be allowed (Writ Petition (Civil) No. 202 Of 1995). KNPTR is among a handful of national parks in the country without a declared ESZ. Without a declared ESZ, a radius of 10 kilometre outside the park has been enforced by the Supreme Court since 2006. Therefore, in such a scenario, the proposed hotel project would fall under the purview of ESZ.

7. It news item further asserts that there is already s

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