The Supreme Court on March 13 froze the Assam government’s move to withdraw a nearly 26-year-old notification constituting the Pobitora wildlife sanctuary, which hosts one of the largest rhino populations in the country.
“The State government was not right in resolving to withdraw the notification dated March 17, 1998 notifying Pobitora wildlife sanctuary…. We direct that no further steps be taken with respect to the withdrawal of the notification dated March 17, 1998 by the State,” a Bench of Justices B.R. Gavai and Sandeep Mehta ordered.
The Assam Cabinet had on March 10 withdrawn the notification issued by the State Forest Department in 1998. The Cabinet decision of March 10 said the notification was issued unilaterally by the Forest department without consulting the Revenue department or even the Chief Minister.
The government reasoned that declaration of the sanctuary was made without settling the rights of the people living in villages in the area, including Thengabhanga, Murkata and Mayong. These villagers belonged to the marginalised communities and had been residing in the area even before Independence.
Panel set up
The government, having withdrawn the 1998 notification declaring the wildlife sanctuary, had also constituted a committee to look into both the rights and claims of the forest dwellers in the area as well as taking a considered decision, this time, to declare the Pobitora region as a wildlife sanctuary.
“We will not permit any denotification. Withdrawing a notification declaring a wildlife sanctuary is not your answer. Such withdrawals cannot be done without the permission of the National Board of Wildlife. Besides, the Supreme Court has also passed an order against dereservation of national parks, sanctuaries and forests,” Justice Gavai clarified to the Assam counsel, senior advocate Nalin Kohli.
Amicus curiae, advocate K. Parameswar, said the withdrawal was “ex facie illegal”.
“The notification was done unilaterally by the Forest department in 1998. The Revenue department or the Cabinet was not involved,” Mr. Kohli said.
But Justice Mehta said the declaration of the sanctuary in 1998 was an “act of government”.
“Then how can you now disown it?” Justice Mehta asked.
Mr. Kohli said the idea behind the withdrawal was not to close the Pobitora wildlife sanctuary, but to correct an error regarding the demarcation of lands.
“Fresh notification will be issued. It was not done properly in 1998. Our intention is to do the right thing. It only came to our attention now. Pobitora is our pride,” Mr. Kohli submitted.
“The fact that the Forest department did it without consultation came to light only 25 years later?” Justice Gavai asked Mr. Kohli.
The court, however, clarified that its order staying the withdrawal of the 1998 notification would not stand in the way of the State “doing something to protect the rights of the forest dwellers”.
The court asked the State to file a detailed counter affidavit by the next hearing.
