Supreme Court Makes It Clear, Elephants Have First Right On Forest, Orders Demolition Of A Wall Blocking Jumbo Path

For centuries, herds of elephants have lived in the forest and have crisscrossed it walking miles at a stretch searching for food and water. But thanks to humans, the wild elephants are increasingly finding it difficult to travel through their traditional migratory paths which they have used for generations.

That is because we humans have built highways and railway tracks inside dense forests, effectively cutting the wildlife crossings in the middle. And if that wasn't enough we have made massive walls and fences around the roads on the pretext of 'keeping the wild animals safe' from speeding vehicles and trains.

Basically telling the wild animals to forget about their traditional migratory routes and walk some more kilometers extra around the blockades and find a new path.

But, animals being animals did not get the message and continued trying to cross through the same paths often ending up dead on roads and railway tracks after being hit by speeding vehicles and trains.

Now, the Supreme Court in an order that could have far reaching implication has ruled that elephants have the first right on the forest. (like someone had to be told that!)

A two member bench of the Supreme Court while ordering the demolition of a boundary wall in the middle of an elephant corridor in Deopahar Reserve Forest in Assam's Golaghat made it clear that the right of wild animals on the forests cannot be overlooked.

The border wall, which had barbed wire on top of it was built in an area spanning 2.2-kilometre was built by the state-run Numaligarh Refinery Ltd (NRL) in 2011, for its housing estate which included a a golf course in the middle of an elephant corridor!

The wall courted controversy after a series of elephant deaths there, after the jumbos died of severe haemorrhage from hitting their head against the wall in attempt to bring it down.

In 2015 environmentalists had captured videos showing elephants trying to cross the high boundary wall.

Environmentalist and RTI Activist Rohit Choudhury had filed a petition against the wall in the NGT in 2015. In August 2016 the NGT ordered the NRL to demolish the wall and slapped it an environment compensation of Rs 25 lakh on NRL for destruction of forest cover in Golaghat district to construct a boundary wall for a golf course.

NRL however filed an review petition claiming that the township was cleared by the State Environment Impact Assessment Authority and there was no need to demolish the entire wall as it was not a part of the Deopahar Reserve Forest.

Rejecting the appeal in August 2018, the bench headed by NGT Chairperson Justice Adarsh Kumar Goel said the elephant corridors have to be preserved to protect their habitats from fragmentation.

"We are of the view that in view of categorical finding already recorded by the tribunal that the area where the wall came up and the area where proposed township is to come up is a part of the Deopahar Reserve Forest, rehearing on merits is not permissible. Accordingly, we do not find any ground for review of order dated August 24, 2016. The review application is dismissed," the bench had said.

NRL had filed the review despite in 2107 the Assam government asking it to demolish the wall which the company said was to secure the residential complex for the refinery workers.

Even after the NGT rejecting its review plea the NRL moved the SC to keep its wall intact.

But on January 18 a two-judge bench of the SC comprising of Justices D Y Chandrachud and M R Shah ruled that whatever is left of of the wall should be demolished.

"Elephants have the first right on the forest. Elephants do not go to office in a designated route. We cannot encroach upon the elephant’s area," Justice Chandrachud observed.

Talking to Indiatimes Rohit Choudhury said the SC order was a welcome step in protecting wildlife and especially elephants.

"I am very happy with the verdict of the Supreme Court. It is a victory for the elephants. Hopefully now NRL will demolish the walls so that elephants can move freely in that area. It will also help in reducing the man-animal conflict in the region".

He also added that the SC observation is in line with the NGT order which had already held that elephants had the first right to forest.

"Earlier itself the NGT had ruled in favour of the elephants. But the NRL was not willing to accept it and went for an appeal. I am happy that the SC found that there was no merit in it," he said.

The order is significant and has far reaching implication on asserting the right of wild animals on forests.

This is especially significant in places like the Bandipur National Park in Karnataka where a proposed elevated corridor which would have passed through several key wildlife crossings.

Earlier this month, taking note of the opposition from the state government and environmentalists, Mahesh Sharma, MoS Environment Forests and Climate Change had said that the corridor which comprises of elevated structures at four regular intervals, as suggested by the Union Ministry of Road Transport, has not been concurred with.

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