Cauvery Wildlife Sanctuary - CEC update
Friends:
Here is an update on this matter after the 5th hearing (conducted on 23 Feb 2010) by The Central Empowered Committee, New Delhi, appointed by the Hon'ble Supreme Court of India:
1. The present Chief Wildlife Warden of Karnataka submitted that the permission was given in the past for 10 years (in 1997) and for another 10 years (in 2007)
2. He found nothing wrong in this permission and also found that they had not violated any law.
3. In the Jan 2010 hearing the CEC had directed Central Government (MoEF) to file their opinion on this matter.
4. Yesterday (23rd Feb 2010) the MoEF submitted their opinion as follows:
QUOTE:
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On the basis of the application filed by the applicant and the para-wise reply sent by the Chief Wildlife Warden, our opinion is as follows:
a. On the first hand, the permission for angling inside the sanctuary should not have been granted by the Chief Wildlife Warden even in 1997, as it amounts to "hunting" therefore it amounts to violation of the Wildlife (Protection) Act 1972
b. The permission has been granted as per section 28 of the Act for "Tourism". The Section 28 only empowers the chief wildlife warden to grant permits for tourism to individuals/group of persons for aesthetic and related enrichments. But under this section permission cannot be given for starting tourism business within Wildlife sanctuary. In this connection section 33(a) is more relevant, where for commercial business etc, inside a wildlife sanctuary prior approval of National Board of Wildlife is required
c. It is not clear from the submission of Chief Wildlife warden regarding details of infrastructure provided inside the wildlife sanctuary as part of adventure tourism. It is presumed that luxury tent accommodation is provided to the visitors. However it is again not clear whether such tent accommodation is within the perimeter of the forest rest house or have been scattered all around the river bank, in which case it becomes even more serious.
If tented accommodation is scattered in the forest area and is outside the forest rest house perimeter, prior approval of National Board for wildlife is required as per the directions of Hon'ble Supreme Court of India in WP No 337 dated 9th May 2002 (copy enclosed)
d. The activity involves camping etc and therefore section 29 of the Act would be applicable for these activities. In view of this, prior approval/recommendation of the State Board for Wildlife, as per the provisions of the Act and prior approval of National Board fo Widlife is required as per the directions of Hon'ble Supreme Court in WP No 337 dated 9th May 2002 are required.
It appears that approval of State Board for Widlife has not been taken, which is a violation of Section 29 of the Act, 1972
e. With respect to the conditions imposed by the Chief Wildlife Warden regarding maintenance of proper ecological conditions for Mahseer breeding, it appears that the Chief Wildlife Warden have leased out the entire river to a private agency for breeding purpose, thereby transferring their responsibility for management of the Sanctuary and species which is not appropriate.
As detailed above the activities undertaken by M/s Bush Betta appears to be in Violation of WildLife (Protection) Act 1972 and order of the Hon'ble Supreme Court dated 9th May 2002 in WP 337/95.
UNQUOTE:
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Based on the above sbmisson by MoEF, the Hon'ble CEC has directed Karnataka Government to file their response and fixed the date for next hearing for 17th March 2010.
Will update you post that hearing. Looks positive. We should be able to protect Cauvery WL Sanctuary from erring officers.
