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Uttarakhand HC takes Suo Motu Cognizance of De-notification of Shivalik Elephant Reserve
On Monday, the Uttarakhand High Court took suo moto cognizance of the denotification of Uttarakhand’s Shivalik elephant reserve and notices were issued to the state and central governments.
Shivalik Elephant Reserve is spread over 5000 sq km in 14 state forest divisions and is Uttarakhand’s only elephant reserve. It was notified through a government order in 2002 under 'Project Elephant' which was launched by the Indian Government. However, in November 2020, the government of Uttarakhand issued an order for the denotification of this elephant reserve with the intention to expand Jolly Grant Airport in Dehradun and other developmental activities.
The Uttarakhand Airport sought permission from the NWB for the transfer of 243 acres of forest land to the Airport Authority of India. However, in November 2020, after the denotification was issued, thousands of people came together and recreated “The Chipko Movement” in order to express their opposition to cutting over 10,000 trees spread over 243 acres of forest land.
After this denotification order was issued, a letter was written to the Chief Justice of the Uttarakhand High Court by over eighty environmentalists against this denotification in the interest of the protection of wildlife and the natural environment. It was asserted by lawyers how the decision to denotify was shortsighted and hasty, and how such a decision could have adverse effects on the ongoing climate change crisis.
They relied on the landmark judgment of Narayan Dutt Bhat v Union of India (Writ Petition (PIL) No. 43 of 2014), which stated that animals have a “distinct persona with corresponding rights, duties and liabilities of a living person.”
The Bench comprising of Justice Ravi Malimath and Justice Alok K. Verma delivered the order and the respondents were given 4 weeks for the counter-affidavit to be filed and listed the case to be heard after the winter vacation in February.
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