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2024 Supreme(Online)(NGT) 4820
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, 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 | Original Application 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 found that the government is making efforts to conserve the Manipuri pony, while accountability for the care of the ponies rests with individual owners.
Headnote:(A) Environment Protection Act, 1986 - Policy on Conservation of Manipuri Pony, 2016 - Biological Diversity Act, 2002 - The case arose from concerns regarding the decline of the Manipuri pony population due to habitat encroachment, insufficient implementation of conservation policy, and environmental violations. The Government of Manipur acknowledged the issue through various initiatives and asserted it continues to assist in the preservation of the ponies while denying any allegations of pony deaths due to government projects. (Paras 2-15)
(B) The court noted the government's commitment to conserve the species and the need for accountability from pony owners, ultimately dismissing the application stating that no further adjudication was necessary on the matter. (Paras 15-17)
| Table of Content |
|---|
| 1. overview of the issue regarding habitat encroachment affecting the manipuri pony. (Para 2 , 3 , 4) |
| 2. government's initiatives to address the conservation of the manipuri pony. (Para 5 , 6 , 10) |
| 3. denial of allegations regarding pony deaths and assertion of owner responsibility. (Para 11 , 12 , 13) |
| 4. court's conclusion on the dismissal of further adjudication. (Para 15) |
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 State Government and forest/wetland areas and boundaries thereof are determined and maintained
