‘Pathway for asiatic elephants and tigers’: Bombay HC asks Maharashtra, Centre to declare Sawantwadi-Dodamarg corridor ‘Ecologically Sensitive’

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.

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.

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”.