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Gauhati HC stalls Assam govt decision to denotify Deepor Beel wildlife sanctuary
A division bench of the HC stated that the decision taken by the cabinet to denotify Deepor Beel wildlife sanctuary is not just and proper at this stage
Guwahati: The Gauhati high court on Friday stalled a decision taken by the Assam cabinet last month to denotify Deepor Beel, a wildlife sanctuary and a Ramsar site located on the outskirts of Guwahati close to the Brahmaputra river.
A division bench of the HC stated that the decision taken by the cabinet to denotify Deepor Beel wildlife sanctuary is not just and proper at this stage and directed the state government not to issue any notification de-notifying the wildlife sanctuary.
The Gauhati HC also issued a direction to authorities not to allow development and construction activities in and around the Deepor Beel till the demarcation notification of the Ramsar wetland ((a global wetland convention)site is issued.
The matter is listed again for hearing on May 27.
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On March 10 this year, the state cabinet directed the forest department to conduct an inquiry as to why the notification in 2009 was issued without settling the rights of the traditional fishing people. The cabinet also decided to set aside the notification as it was done without approval of the state cabinet.
The state government had informed the court on Wednesday that though the cabinet had decided to denotify the wildlife sanctuary no formal notification has been issued till date. In its affidavit filed on Friday, the state government mentioned that a formal notification on denotifying Deepor Beel can be issued only after approvals from the state and national wildlife boards as well as the Supreme Court.
It added that while issuing notification of Deepor Beel as a wildlife sanctuary in 2009, the forest department had not considered the fishing rights of traditional communities dependent on the wetland, revenue land was included in the wildlife sanctuary and necessary approval from the state cabinet and the then chief minister were not taken.
The decision to notify Deepor Beel as a wildlife sanctuary in 2009 was challenged by nearby villagers in Gauhati High Court and in 2017 a single-judge bench of the HC had set aside the order.
But in 2018, a division bench of the HC had set aside the earlier order. A special leave petition (SLP) challenging the division bench order of HC is at present pending in the Supreme Court.
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Spread over around 40 sq km, Deepor Beel houses nearly 160 species of migratory and resident birds including many species of vultures and wild elephants, monkeys, deer, jungle cats and other wild animals from nearby Rani reserve forest and other forested areas frequently visit the site.
