Sangita Iyer v. Union Of India & ORS.

Ct. No. 01 WPA 14640 of 2019 Sangita Iyer Vs.

Union of India & ors.

With WPA 6904 of 2020 Court on its own Motion Vs.

Union of India & ors.

With WPA 7387 of 2020 (CAN 1 of 2020) Manika Barman Vs.

State of West Bengal & ors.

With WPA(P) 22 of 2020 People united for better living in Calcutta & anr. Vs.

State of West Bengal & ors.

With WPA(P) 82 of 2022 Haragobinda Bag & ors.

Vs.

State of West Bengal & ors.

15-19 RP AN 11.04.2023 Mr. Kaustav Chatterjee ... For the Petitioner (in item no. 15) Ms. Afreen Begum ... For the petitioner (in item no. 17) Mr. S. N. Mookherjee, learned A. G.

Mr. Gausal Alam Mr. Ranjit Rajak ... For the State respondents (in item no. 16) Mr. Jahar Lal De Mr. Nilotpal Chatterjee Mr. Debasish Ghosh Mr. S. Dhar ... for the State respondents (in item no. 15-19) Mr. S. Basu, learned senior advocate Mr. S. S. Koley ... for the WBSEDCL Mr. Pradip Kumar Das ... for the U.O.I./Railway

Mr. Siddhartha Banerjee Mr. Mainak Chandra ... for the High Court Administration

1. Heard learned counsel for the parties.

2. All these writ petitions have been filed as public interest litigations, one of which is a suo motu writ petition entertained by this Court taking into consideration the unnatural death of wild life in northern and southern West Bengal due to human activities and rampant development in certain areas. Orders and directions have been issued from time to time and ultimately in terms of the directions issued an Expert Committee was constituted, who has submitted an elaborate report in January 2022.

3. The learned Advocate General appearing for the respondent/State has submitted a brief summary of the report. The report firstly deals with compliances by the Railways and Forest Department. After having gone through the elaborate report prepared, what strikes in our mind is that the suggestions at various levels appear to be effective suggestions but more importantly what is required is implementation and continuous monitoring of various aspects that have been reflected in the report. Similarly, the report has also dealt with the habitat protection in corridors (Northern Landscape) by securing connectivity corridors and formulation of master plans to protect these areas, launching awareness programs and skill enhancement program for onsite training. The report also

deals with the ecosystem restoration of protected areas, revival of Buxa Tiger Reserve. The report also deals with the linear developments, namely, railways, power sector, roads etc. With regard to the Southern Landscape the report has made a recommendation for better management of Mayurjharna Elephant Reserve and protection of elephant capture and translocation, protection in elephant corridors, enhancing people's tolerance of elephant damage by exgratia payment promptly after conflict of crop/property damage and loss of human lives through Pradhan Mantri Bima Fasal Yojana. Further, for stopping of retaliatory killings, effective conflict governance and other issues.

4. Thus, it appears that necessary inputs are in place and all that is required is to implement the suggestions/recommendations made by the expert committee in the report for which all agencies involved for protection of the wild life should diligently discharge their role.

5. We suggest the government to formulate a highpower committee consisting of officials from the Forest Department, Railways Administration, Senior IAS Officers, NGOs etc. who shall be the members of the monitoring committee so that the recommendations made by the Expert Committee are implemented in full. Such Expert Committee shall be constituted by the State Government within a period of three months from the date of receipt of the server copy of this order and the committee shall earnestly discharge their duties by effectively monitoring the

entire aspect so that the wild life in the State is protected and safeguarded.

6. With the above observations and directions, these writ petitions stand disposed of. Consequently, connected applications thereto also stand disposed of. (T. S. Sivagnanam) Acting Chief Justice (Hiranmay Bhattacharyya, J.)