NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
HON’BLE MR. SHEO KUMAR SINGH, J, HON’BLE DR. VIJAY KULKARNI, ACJ
Rashid Noor Khan – Appellant
Versus
Principal Chief Conservator of Forest – Respondent
The legal document emphasizes the importance of strict adherence to environmental laws, particularly the Forest (Conservation) Act, 1980, and related statutes, in the protection and conservation of forest areas and wildlife habitats, especially tiger corridors. It affirms that any land designated as forest must be recognized and protected under the law, and prior clearances are mandatory for activities that may impact forest land or wildlife habitats (!) (!) .
The document highlights that unauthorized constructions, encroachments, and illegal land use within forest and ecologically sensitive zones violate environmental legislation and undermine conservation efforts (!) (!) (!) (!) . It stresses that the designation of land as forest necessitates compliance with legal parameters, including obtaining necessary clearances before any development or land use change (!) (!) (!) .
It underscores the significance of conserving tiger habitats and corridors, which are vital for maintaining ecological balance and species survival. Fragmentation of these corridors due to unplanned urbanization, road construction, and encroachments has led to habitat loss and restricted wildlife movement (!) (!) (!) (!) (!) . The document advocates for the notification of certain non-notified forest areas as protected or reserve forests to facilitate better conservation and management (!) .
Procedural adherence is a critical aspect, with the tribunal emphasizing that disputes regarding land classification, encroachments, or forest status should be addressed through appropriate legal and administrative channels, and not through the tribunal unless statutory requirements are met (!) (!) (!) (!) (!) . It also highlights that any development activity, such as construction of roads, universities, or resorts, must comply with environmental clearance procedures, and unauthorized activities are subject to removal or penal action (!) (!) (!) (!) .
The document further clarifies that the protection of biodiversity, including flora and fauna, is a constitutional mandate and must be integrated into urban planning and development processes. It advocates for the involvement of relevant authorities, including forest, wildlife, and town planning departments, to ensure sustainable development that balances ecological preservation with developmental needs (!) (!) (!) (!) .
Overall, the legal stance reinforces that environmental and wildlife protection laws are paramount, and any encroachments, illegal constructions, or activities impacting ecologically sensitive areas must be addressed promptly, with due regard for procedural requirements and legal protections accorded to forests and wildlife habitats.
JUDGMENT
1. Issue raised in this application is protection of Tiger habitat and breeding ground and to avoid the human-tiger conflict and to protect the forest land from encroachments.
2. The submission of the applicant is that the Chandanpura Forest Region, situated between Kerwa and Kaliyasote Dam acts as safety Valve in maintaining this delicate Ecological balance, is also a Tiger Habitat and breeding ground due to which this forest has been notified as protected forest and the entire Ecology is thus safeguarded or regulated by Forest Protection Act, Environmental Protection Act , Biodiversity Act, Wildlife Protection Act and the State being signatory of various international conventions, is bound to preserve, protect and conserve this forest region, alongwith its peripherial areas which are part of and forms the buffer zone for Chandanpura Forest Region.
3. It is further submitted that, due to continuous interference, disturbance, encroachment and destruction of Forest by Humans, the inhabitant Tiger are facing the danger of being forcefully removed from this Forest Region, and the Western Ringroad Project is the last blow to cut of and fragment the Tiger corridor, so that the m
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