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2024 Supreme(Online)(NGT) 4574
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Arun Kumar Verma, EM
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|Earlier O.A. No.716/2024/PB
For the Applicant(s): Suo Motu
For the Respondent(s): Mr. Apurba Ghosh, Mr. Pukhrambam Ramesh Kumar, Ms. Rajkumari Divyasana
The court emphasized the state's responsibility for the conservation of endangered species and the inadequacy of existing policies.
Headnote:(A) Environment Protection Act, 1986 - Policies for conservation of endangered species - The case relates to threats faced by the dwindling population of Manipuri ponies due to encroachment of grazing grounds and absence of effective implementation of conservation policies. (Paras 2-6)
(B) Responsibility of the State Government - The State's role in ensuring welfare and conservation of manipuri ponies under the Manipur Pony Conservation and Development Policy, 2016, was discussed. (Paras 4-10)
Facts of the case:
The application was registered suo motu concerning the threat to Manipur's ponies due to habitat encroachment and ineffective conservation measures. The decline in population was stark from 1898 in 2003 to 1101 in 2012, with significant deaths attributed to urbanization and accidents. The proper grazing grounds are nearly extinct. (Paras 2-4)
Findings of Court:
The Government's initiatives regarding conservation policies were acknowledged, but more action is needed to ensure real-world application to curb the endangered status of Manipuri ponies. The allegations of pony deaths due to recent projects were found to be unfounded. (Paras 11-12)
Issues: The main elements addressed included the implementation efficacy of the conservation policy and the allegations of pony deaths due to infrastructural encroachments. (Paras 4-5)
Ratio Decidendi: The court indicated a lack of sufficient measures regarding conservation despite existing policies and placed responsibility on the State for proactive action, concluding that the current efforts are inadequate to protect the Manipuri ponies. (Paras 13-14)
Result: Original Application dismissed.
| Table of Content |
|---|
| 1. initiation of proceedings due to news article on pony conservation. (Para 1 , 2 , 3) |
| 2. details regarding the manipur pony conservation and development policy and state responsibilities. (Para 4 , 5 , 6) |
| 3. acknowledgement of reports on pony health and the state’s proposed initiatives. (Para 11 , 12) |
| 4. court’s ruling on the conservation measures and dismissal of the application. (Para 13 , 14) |
| 5. conclusion of the original application and costs. (Para 15 , 16 , 17) |
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 compliance of the environmental norms and implementation of the provisions of scheduled enactment.”
3. The Ministry of Environment, Forest & Climate Change, Respondent No.1, has filed affidavit dated 22.10.2024 stating therein that land is a subject matter of
