This is an archive article published on April 13, 2024
‘Pathway for asiatic elephants and tigers’: Bombay HC asks Maharashtra, Centre to declare Sawantwadi-Dodamarg corridor ‘Ecologically Sensitive’
The Bombay High Court also expressed concerns over large-scale felling of trees and directed interim orders restraining the same in the corridor. It asked the authorities to create a task force to ensure the corridor does not suffer ecological damage.
The court also said that the interim orders restraining tree cutting in the corridor shall continue until final notification is issued, after which it will be governed under provisions for the ESA. (File photo)
Observing that it was imperative that the Sawantwadi-Dodamarg corridor consisting of 25 villages in southern Konkan be declared as an Ecologically Sensitive Area (ESA) without any further delay, the Bombay High Court recently directed the Maharashtra government to submit such a proposal to the Union Ministry of Environment and Forests within four months.
After receiving the proposal from Maharashtra, the centre shall initiate the procedure for issuing such a declaration within two months, it said.
It directed the Centre to issue a final ESA notification after following the due procedure as early as possible, preferably within four months thereafter.
The court also said that the interim orders restraining tree cutting in the corridor shall continue until final notification is issued, after which it will be governed under provisions for the ESA.
“Despite overwhelming scientific evidence and a consensus on the importance of protecting the critical Sawantwadi-Dodamarg Corridor, it is unfortunate that very little has been done over the past decade. To make matters worse, large-scale deforestation is carried out in clear contravention of this Court’s orders,” the bench observed.
It also noted that the declaration of the corridor as ESA “need not be made dependent on the larger Western Ghats notification, which will admittedly take a longer time.”
A division bench of Justices Nitin M Jamdar and Justice M M Sathaye passed a verdict last month in a plea by NGOs Awaz Foundation and Vanashakti seeking declaration and notification of 25 villages in the said corridor as ESA under the Environment Protection Act, 1986 and the Environment Protection Rules, 1986.
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The bench noted that Dodamarg Taluka, situated in the Sindhudurg district of Maharashtra, is flanked by Goa in the south, Karnataka in the southeast and the Sahyadri range in the north and consists of hilly terrain “extremely rich in biodiversity” of flora and fauna and consists of the Tillari river and a dam built on it.
The bench went on to state that the Sawantwadi-Dodamarg Corridor is vital in connecting wildlife sanctuaries and national parks across Maharashtra, Goa, and Karnataka, acting as a pathway for animals like Asiatic elephants and tigers.
Awaaz Foundation, referring to expert reports, argued that the declaration of the said corridor will not affect any future development in the area and will not be prejudicial to the locals. As per information collected from the tree authority, it was revealed that around eighteen lakh trees were felled in the preceding two years in Dodamarg forest circle alone, it added.
Vanashaki sought direction to declare the Dodamarg taluka as ecologically fragile and highlighted the importance of the Western Ghats region.
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The petitioners through advocates Bhakti Jain and Zaman Ali sought direction to the authorities to enforce National Wildlife Action Plan by declaring corridor as an ESA and sought to restrain harmful activity in the said corridor.
The bench asked the authorities to create a task force, to be assisted by departments concerned of the state government, for compliance with the mandate against tree cutting and “ensure the Corridor does not suffer ecological damage”.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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