Elephant Corridors and Land Rights: Supreme Court Upholds Tamil Nadu’s Conservation Efforts

The case of Hospitality Association of Mudumalai vs. In Defence of Environment and Animals & Ors. revolves around the conflict between wildlife conservation and land rights in the Sigur Plateau of Tamil Nadu. The Supreme Court was tasked with determining whether the Tamil Nadu Government’s notification of an elephant corridor was legally valid and whether resort owners and other landowners could be evicted from the area.

Background of the Case

Elephants are a keystone species and play a crucial role in maintaining biodiversity. However, human encroachments, including commercial establishments such as resorts, have fragmented elephant habitats. The government of Tamil Nadu issued a notification G.O. (Ms.) No. 125 dated 31.08.2010, identifying an elephant corridor in the Sigur Plateau and directing the eviction of unauthorized occupants.

Dispute and Legal Proceedings

The case originated from a public interest litigation (PIL) filed before the Madras High Court by the NGO ‘In Defence of Environment and Animals’. The High Court upheld the validity of the notification and directed resort owners and other private landowners to vacate the lands within three months. This decision was challenged before the Supreme Court.

Arguments of the Parties

Petitioner’s (Hospitality Association of Mudumalai) Arguments

• The notified corridor did not align with scientifically recognized elephant corridors.
• Resorts in the area were operating legally and contributed to eco-tourism.
• The notification violated property rights and due process.
• The corridor expansion was arbitrary and did not reflect past studies.

Respondent’s (In Defence of Environment and Animals) Arguments

• The corridor was scientifically necessary to ensure elephant movement.
• Resorts had illegally encroached upon forest land, restricting wildlife movement.
• Human-elephant conflicts had increased due to commercial activities.
• The High Court had rightly upheld the government’s notification.

Supreme Court’s Analysis and Judgment

1. Legitimacy of the Government’s Notification

The Supreme Court ruled that the Tamil Nadu government had the authority to notify an elephant corridor under the Wildlife Protection Act, 1972 and the Forest Conservation Act, 1980. The Court stated:

“The State Government is empowered to take measures to protect wildlife, including notifying elephant corridors.”

2. Importance of Elephant Corridors

The Court emphasized the ecological role of elephants, noting that habitat fragmentation endangers their survival. It cited studies demonstrating that human encroachments disrupted migratory routes. The Court observed:

“Elephant corridors are crucial for maintaining biodiversity and reducing human-animal conflict.”

3. Legality of Resort Closures

The Supreme Court upheld the Madras High Court’s decision ordering the eviction of resorts. It found that many resorts lacked proper approvals and had erected barriers such as electric fencing, obstructing elephant movement. The Court ruled:

“The closure of illegal resorts is justified in the interest of wildlife conservation.”

4. Inquiry into Allegations of Arbitrary Action

While the Court upheld the notification, it appointed a three-member Inquiry Committee to examine individual grievances regarding land classification and eviction orders. The Committee was tasked with reviewing objections and ensuring fair implementation of the notification.

Final Verdict

The Supreme Court dismissed the appeals and upheld the High Court’s decision, reinforcing the need for conservation over commercial interests. The ruling ensures that the identified elephant corridor remains protected and free from human interference.

Key Takeaways

• The government has the authority to notify and protect wildlife corridors.
• Encroachments that threaten wildlife movement can be removed.
• Human-elephant conflict is a serious ecological and social concern.
• Legal challenges to conservation efforts must be balanced against environmental needs.

This judgment serves as a landmark ruling in India’s wildlife conservation efforts, setting a precedent for balancing ecological concerns with human land use.

Petitioner Name: Hospitality Association of Mudumalai.
Respondent Name: In Defence of Environment and Animals & Ors..
Judgment By: Justice S. A. Bobde, Justice S. Abdul Nazeer, Justice Sanjiv Khanna.
Place Of Incident: Sigur Plateau, Tamil Nadu.
Judgment Date: 14-10-2020.

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