2019 (9) TMI 1594 - HC - Indian Laws

Guidelines to determine Critical Wildlife Habitats within National Park or Sanctuary - public notices issued concerning Melghat Wildlife Sanctuary - HELD THAT - The consultative papers notified to the inhabitants of the area crystallized the scientific material gathered and the criteria proposed to be adopted to notify the Critical Wildlife Sanctuary in the State of Karnataka. The Committee constituted in the State of Maharashtra as per Clause 5 of the Guidelines issued by MoEF are directed to notify the scientific data and the objective criteria which it proposes to adopt before Critical Wildlife Habitats are notified in the State of Maharashtra. The names of the members of the Expert Committee constituted in the State of Maharashtra would also be notified. List the matter on 09th December 2019.

Summary

Issues:
1. Implementation of Forest Rights Act, 2006 and Guidelines for determining Critical Wildlife Habitats.
2. Composition and duties of Expert Committee in identifying Critical Wildlife Habitats.
3. Lack of transparency in public notices and consultation process.
4. Comparison of procedures followed in different states for notifying Critical Wildlife Habitats.

Analysis:
1. The judgment addresses the need to implement the Forest Rights Act, 2006, and the Guidelines for determining Critical Wildlife Habitats. The Court emphasizes the role of the Ministry of Environment and Forests (MoEF) as the nodal Agency in promulgating guidelines to identify these habitats effectively.

2. The Court examines the composition and duties of the Expert Committee responsible for identifying Critical Wildlife Habitats. It highlights that the Committee must follow scientific and objective criteria, conduct an open process of consultation with forest rights holders, and notify the basis for their decisions to ensure transparency and meaningful public participation.

3. The judgment points out a lack of transparency in public notices issued regarding Critical Wildlife Habitats, specifically in the Melghat Wildlife Sanctuary. The Court stresses the importance of providing scientific material and criteria to the public to enable them to file objections and participate meaningfully in the decision-making process.

4. By comparing the procedures followed in the State of Karnataka for notifying Critical Tiger Habitats and Critical Wildlife Habitats, the Court directs the Committee in Maharashtra to notify scientific data, objective criteria, and the names of Committee members before proceeding with the notification of Critical Wildlife Habitats. The Court emphasizes the need for an open consultation process with forest rights holders and requires the Committee to present their decision, criteria, and proof of consultation in the next hearing.

Overall, the judgment focuses on ensuring transparency, scientific rigor, and meaningful public participation in the identification of Critical Wildlife Habitats, emphasizing compliance with guidelines and the Forest Rights Act, 2006.