The Gauhati High Court directed the Commissioner & Secretary, Department of Environment & Forests, State of Assam to decide on the petitioner’s representation seeking direction to the respondent authorities to take immediate steps to provide adequate rehabilitation and /or compensation to the tribal people living in the proposed sensitive areas of Borail Wildlife Sanctuary, Arang Reserve Forest and Barak-Bhuban Sanctuary.
Supreme Court Justice Rashmin Manharbhai Chhaya and Soumitra Saikia dismissed the Public Interest Litigation (PIL) seeking the following relief:-
“In the aforesaid premises, it is respectfully prayed that your Lordship may be pleased to grant this petition, call it on record, and issue an Order calling upon the respondents to show cause:-
I) Writ in the nature of Mandamus and/or any other similar writ has not been issued directing the respondent authorities to suspend/cancel the process of declaration of Borail Wildlife Sensitive Area by occupying/drawing the lands of the indigenous tribes. oh
II) Writ in the nature of Mandamus and/or any similar writ has not been issued directing the respondent authorities to stop/cancel the process of constitution/creation of Barak-Bhuban Wildlife Sanctuary by seizing/drawing the lands. indigenous tribes.
III) A writ in the nature of Mandamus and/or any similar writ has not been issued directing the respondent authorities to stop/cancel the process of converting the Arang Reserve Forest by occupying/drawing the lands of the indigenous tribes.
IV) Writ in the nature of Mandamus and/or any other similar writ has not been issued directing the respondent authorities to take immediate steps to provide adequate rehabilitation and/or compensation to the tribal people residing in the affected areas. The eco-sensitive area of Borail Wildlife Sanctuary, Arang Reserve Forest and Barak-Bhuban Wildlife Sanctuary.
V) Writ in the nature of Mandamus and/or any other similar writ has not been issued directing the respondents to act on the representations submitted by the petitioners while conducting an inquiry into the issues raised by the petitioners.and/or reason. or cause being shown, upon hearing the parties, upon the records, be pleased to make the statute more complete, and/or to pass such further orders as your Lordships may deem fit and proper.
-And-
During the course of the legislation, Your Lordship may be pleased to order the responding authorities not to disturb the peaceful ownership of the lands of the tribal peoples in the proposed sensitive areas of Borail Wildlife Sanctuary, Arang Reserve Forest and Barak. – Bhuban Wildlife Center and/or pass such order/order as your Lordship may deem fit and proper.
The court noted from the record that the application was filed based on the representation submitted by the petitioners on 07.09.2022 and 08.09.2022 by the petitioner’s authorities.
“The Commissioner & Secretary, Department of Environment & Forests, State of Assam is hereby directed to consider the said representations and pass a reasoned order as soon as possible but not later than 31.12.2022 in the same manner as the registered post applicants. .with A/D address mentioned in the writ of petition.The learned counsel for the respondents will also send a copy of the letter book to the Chairman & Secretary, Department of Environment & Forests, State of Assam. With the above direction reported, the current application will be discarded at this stage “, the order read.
