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Uttarakhand HC stays Governor’s nod to de-notify Shivalik Elephant Reserve
On November 24, 2020, the state wildlife board during its 16th meeting had approved the de-notification of Shivalik Elephant Reserve, with government officials saying there is no law to define an elephant reserve.
The Uttarakhand high court on Monday stayed a notification regarding the governor’s assent given on January 8, 2021 for de-notification of the Shivalik Elephant Reserve.
On January 8, the day when the HC stayed the approval given by the State Wildlife Advisory Board on November 24, 2020 for de-notification of the Shivalik Elephant Reserve, the Uttarakhand government also issued a notification to denotify with the Governor’s nod.
The Shivalik Elephant Reserve is spread over 5405 sq km in eights districts of the state.
Abhijay Negi, counsel for the petitioner in the case said the division bench of Chief Justice RS Chauhan and Justice Manoj Tiwari stayed on January 8, 2021 a notification during an urgent hearing while responding to the fresh application moved in a public interest litigation (PIL) filed by Dehradun-based activist Reenu Paul.
Negi said the government’s move was surprising. “On the very same day, the Government of Uttarakhand released a notification relying on the approval of the State Wildlife Board for denotification of the Shivalik Elephant Reserve, which was stayed by the court,” he said.
“During the urgent hearing, the Advocate General, who represented state government said since the Shivalik Elephant Reserve was notified as an elephant reserve as a policy decision by a Government Order in 2002, it was always open to the government to review or call back its own policy decision. The petitioner highlighted the conduct of the government in this matter; stressing that denotification also merits to be stayed as HC had stayed the approval on the same day. The petitioner also highlighted that the said decision of the government was being taken without obtaining prior approval of the Central government and was in violation of the Forest Conservation Act,” he said.
On November 24, 2020, the state wildlife board during its 16th meeting had approved the de-notification of Shivalik Elephant Reserve, with government officials saying there is no law to define an elephant reserve.
In September last year, the state government had written to the Union environment ministry for obtaining prior approval under Section 2 of the Forest (Conservation) Act, 1980 for non-forestry use of 87.0815 hectares of forest land for “Expansion of the Jolly Grant Airport”. This land falls within the Shivalik Elephant Reserve. Officials estimate that about 10,000 trees will be cut for the expansion.
Uttarakhand has over 2000 elephants at present according to the elephant census released in June last year. There are 2026 elephants in the state currently, while in 2012, there were 1559 and in 2017 there were 1839 elephants in the state.
