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2024 Supreme(Online)(NGT) 4034
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
NEWS ITEM TITLED MANIPURI PONIES UNDER THREAT DESPITE STATE CONSERVATION POLICY APPEARING IN INDIA MONGABAY COM DATED 07 05 2024 – Appellant
Versus
MOEF AND CC INTEGRATED REGIONAL OFFICE SHILLONG THROUGH DEPUTY DIRECTOR GENERAL – Respondent
Original Application No.153/2024/EZ|O.A. No.716/2024/PB
For the Applicant(s): Suo Motu
For the Respondents: Mr. Apurba Ghosh, Mr. Pukhrambam Ramesh Kumar, Ms. Rajkumari Divyasana
NGT dismisses suo motu proceedings on endangered breed conservation where state evidences policy implementation, surveys, funding, and refutes violation claims, affirming owner responsibility for domesticated animals.
Headnote:(A) National Green Tribunal - Suo motu jurisdiction - Environmental protection - Conservation of endangered equine breed - News item highlighting threats from habitat encroachment, infrastructure projects, road accidents, and plastic consumption despite existence of conservation policy - Tribunal examines state measures including policy implementation, board constitution, breeding farm, consultative meetings, committees, budget allocation, and survey reports identifying grazing reserves and polo grounds - Allegations of pony deaths due to development projects denied as false based on enquiry - Primary responsibility for domesticated animals lies with owners under cruelty prevention laws, state providing assistance. (Paras 1-17)
(B) Environmental adjudication - Scope - Where state demonstrates proactive conservation steps including surveys, funding, and denial of specific violations with evidence, no substantial issue remains for further adjudication warranting dismissal of proceedings. (Paras 15-17)
Facts of the case:
Suo motu original application initiated on news item reporting threats to endangered ponies from loss of marshy grazing wetlands due to infrastructure like waterbody projects, leading to straying, accidents, and deaths; policy of 2016 acknowledged but implementation allegedly lacking; population decline noted; transferred to eastern zone bench.
Findings of Court:
State affirmed pony as endangered breed with cultural significance; policy framed, development board constituted, breeding farm built, meetings held, committees formed, registration approved, riding school planned, budget allotted; project not responsible for strays; pony death rumours disproved; detailed survey report filed identifying multiple reserve sites with fodder availability; primary owner responsibility for care upheld.
Issues: Whether conservation policy effectively implemented amid habitat loss and project impacts; veracity of reported pony deaths; adequacy of state measures for protection and reservation of grazing areas.
Ratio Decidendi: Tribunal satisfied with state's affidavits, actions, and survey evidence refuting news allegations and demonstrating compliance, holding no environmental violations or implementation failures warranting intervention; proceedings terminated as no further adjudication required.
Result: Original application dismissed. I.As. disposed of. No order as to costs. (Para 15)
| Table of Content |
|---|
| 1. suo motu oa on news item detailing pony threats and habitat loss. (Para 1 , 2 , 3) |
| 2. state affirms pony's endangered status and 2016 conservation policy. (Para 4 , 5 , 6 , 7) |
| 3. government actions: breeding farm, committees, budget allocations. (Para 8 , 9 , 10) |
| 4. denies project-related pony deaths; owner responsibility emphasized. (Para 11 , 12 , 13) |
| 5. survey identifies potential pony reserves and polo grounds. (Para 14) |
| 6. oa dismissed; no further adjudication required. (Para 15 , 16 , 17) |
ORDER
1. Affidavit dated 29.01.2025 has been filed on behalf of the Respondent Nos.3 and 4, State of Manipur; the same is taken on record.
(Final order of the said case will be uploaded in the NGT website by separate sheets of paper).
ORDER
1. The Original Application No.716/2024/PB was registered suo motu by the New Delhi Bench of the National Green Tribunal on the basis of a news item titled “Manipuri ponies under threat despite state conservation policy” appearing in India.mongabay.com dated 07.05.2024.
2. Thereafter, the said Original Application was transferred to the Eastern Zone Bench, Kolkata, of the National Green Tribunal vide order dated 02.07.2024 and has been re-numbered as Original Application No.153/2024/EZ. Paragraphs 2, 3, 4, 5 and 6 of the order dated 02.07.2024 read as under:-
“2. The matter relates to the threat to Manipur’s ponies as its grazing grounds and natural habitats are being encroached by infrastructure development projects. This is pushing the ponies out of their habitat, making them more susceptible to road accidents and deaths due to plastic consumption. As per the article, though the government launched a conservation policy for the ponies in 2016, it has not been efficiently implemented on ground, increasing concern for the last remaining population of the species.
3. The news item further states that in 2016, the Manipur state government passed the Manipur Pony Conservation and Development Policy, acknowledging the decline in the species population, from 1898 as per the 2003 livestock census to 1101 as per the count published in the 2012 census. However, there has not been efficient implementation on ground. Only one meeting of the board members has happened till date, after the passing of the policy and 32 acres of low-lying area within Lamphelpat has been earmarked as grazing ground for the ponies. This area of grazing ground may at best cater to 100 ponies for a month. Besides natural reasons, road accidents and plastic consumption have been the major causes of pony deaths in the last few years. Due to the increasing stress induced by declining grazing grounds, ponies are often out in the roads and seen scavenging for food from a pile of roadside garbage, which often causes consumption of plastics. This leads to blockages in their intestines and causes death.
4. The news item alleges that the Manipur ponies prefer the kind of habitat with marshy green wetlands. However, the government is not focusing on the preservation of grazing fields and wetlands. . The wetlands in Imphal used to be the primary habitat place for the Manipur ponies. However, the situation has changed due to development of infrastructure in the region. The Water Resource Department has finalized a latest project to dig Lamphelpat into a 12 feet deep waterbody, which seems to be the final nail in the coffin. The project spans over 300 acres and thus forces the Manipur ponies to step out of their habitat. The article notes that since the initiation of this project, over 10 ponies have died as they got stuck in the mud pool. The article also highlights that local grass such as tingoi and hoop are the main fodder for ponies, however, they are found no more after the projects in Lamphelpat.
5. The above news item indicates violation of the provisions of the Environment Protection Act, 1986, Policy on Conservation of Manipuri Pony, 2016, and the Biological Diversity Act, 2002.
6. The news item raises substantial issue relating to co
