Uttarakhand High Court stays proposed felling of 3,300 trees in Shivalik elephant reserve

The Uttarakhand High Court on Wednesday stayed the proposed felling of 3,300 trees in the Shivalik elephant reserve for a road-widening project connecting Bhaniyawala in Dehradun to Rishikesh [Reenu Paul vs. Union of India and Ors.]..A Bench of Chief Justice G Narendar and Justice Ashish Naithani also directed the Central government and the Uttarakhand government to submit the environmental clearances taken for the project, including the environmental impact assessment report prepared by the competent authority.The matter will be heard next on March 21. In the meanwhile, the Court has issued a stay on the proposed tree felling in the area. "The learned Standing Counsel for the State is directed to intimate the officers not to commence tree felling till the next date of hearing ... the respondents shall also place before this Court the clearances mandated under the Forest Conservation Act; the compensatory afforestation scheme, if any, drawn up; the necessary compensatory afforestation fund if it has been set apart; and also the environment impact and assessment report drawn up by the competent authority be placed before the Court on the next date of hearing," the order said. The Court further directed the petitioner to file an affidavit with information on where the proposed highway project may overlap elephant corridors..The Court was hearing a Public Interest Litigation (PIL) filed by an environmental activist Reenu Paul, who has raised concerns over severe environmental degradation and habitat destruction threatening the Asiatic elephant population in Uttarakhand, specifically within the Shivalik Elephant Reserve.Among other issues, Paul also flagged concern over the State government's plan to cut down over 3,300 trees in the Shivalik Elephant Reserve for a road-widening project.It was pointed out that the proposal was driven by rapid infrastructure expansion, including the development of eight railway stations that would cut through elephant corridors between Dehradun and Saharanpur and the widening of Thano Road and Bhaniyawala-Rishikesh Road. .Paul contended that the proposed felling of over 3,000 trees in the Shivalik Elephant Reserve for such road expansion projects would disrupt elephant movement and exacerbate habitat loss. The petitioner argued that such projects were being pursued without considering their long-term ecological consequences and in violation of previous Supreme Court directives on wildlife conservation.The petition highlighted the alarming rise in elephant and human fatalities due to increasing human encroachments, infrastructure projects, and fragmentation of forested areas."One has to understand that the elephant habitat and the jumbo itself is facing immense environmental degradation and deprivation at a catastrophic pace. It has been reported by the Times of India, through credible data obtained by itself that in only five years time around 170 elephants had died in the state of Uttarakhand and 2 dozen deaths have taken place in 2020 -2021 itself. This included 104 males and 63 females. Moreover, the data available with the forest department also reveals that in only a five years time span, 45 humans also lost their lives to elephant attacks. Eight of whom have been killed in the time frame of 2020-2021," the petition read..Paul further flagged concern about the State's allegedly illegal decision to de-notify the Shivalik Elephant Reserve, despite a High Court stay order in a previous PIL. The petitioner argues that this enabled the diversion of protected land for commercial projects in clear violation of wildlife conservation norms.The petitioner pointed out that the State of Uttarakhand had failed to take adequate steps to conserve notified elephant corridors, which are crucial for maintaining ecological balance and reducing human-wildlife conflicts..The PIL also drew attention to the lack of implementation of conservation measures recommended by the Supreme Court in the case of Hospitality Association of Mudumalai vs. In Defence of Environment and Animals, which had underscored the importance of protecting elephant habitats and corridors. Despite commitments made by both the Union and State governments in international fora to safeguard elephant populations, on-ground actions remained insufficient, with continued destruction of critical wildlife corridors, the petitioner contended..The petitioner has further urged the High Court to direct the government of India and the State of Uttarakhand to come up with a master plan for all wildlife corridors and habitats, to ensure a mechanism of regular checks and to update wildlife corridors for the purpose of elephant conservation..Advocates Abhijay Negi and Snigdha Tiwari appeared for the petitioner.Standing counsel Rajesh Sharma and BS Parihar appeared for the Union of India and the State of Uttarakhand respectively..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.