2012 (2) TMI 736 - SC - Indian Laws

Summary

Issues Involved:
1. Conservation and preservation of the Asiatic Wild Buffalo.
2. Financial constraints and funding for wildlife conservation.
3. Human-wildlife conflict.
4. Implementation of the Wildlife (Protection) Act, 1972.
5. Role of State and Central Government in wildlife conservation.

Summary:

1. Conservation and Preservation of the Asiatic Wild Buffalo:
The learned Amicus Curiae sought directions for the Union of India and the State of Chhattisgarh to prepare a rescue plan to save the endangered Asiatic Wild Buffalo, ensure genetic purity, and relocate villagers from the Udanti Sanctuary. The State of Chhattisgarh filed an affidavit detailing steps taken, including an MoU with the Wildlife Trust of India and efforts to relocate villagers.

2. Financial Constraints and Funding for Wildlife Conservation:
The State of Chhattisgarh highlighted financial shortages hindering the implementation of conservation plans. The Centrally Sponsored Scheme (CSS) titled "Integrated Development of Wildlife Habitats" was introduced, providing 100% assistance for non-recurring items and 50% for recurring expenses, with special provisions for highly endangered species like the wild buffalo.

3. Human-Wildlife Conflict:
The judgment emphasized that human-wildlife conflict is a critical threat to endangered species, often resulting from human encroachment into animal habitats. Effective management practices, such as conservation education, resettlement of villages, and prey-preservation, were recommended to mitigate these conflicts.

4. Implementation of the Wildlife (Protection) Act, 1972:
The Act empowers State Governments to declare areas as sanctuaries and conservation reserves. The judgment noted the necessity of implementing proper management measures for preserving the wild buffalo, as outlined in the National Wildlife Action Plan (2002-2016) and the CSS.

5. Role of State and Central Government in Wildlife Conservation:
The judgment highlighted the concurrent responsibility of both Central and State Governments in wildlife conservation. The State of Chhattisgarh was directed to fully implement the CSS, ensure genetic purity of wild buffalo, conduct intensive research, and submit an Annual Plan of Operations to the Central Government.

Conclusion:
The Supreme Court directed the State of Chhattisgarh to fully implement the Centrally Sponsored Scheme "Integrated Development of Wildlife Habitats" to save the wild buffalo from extinction, ensure genetic purity, conduct research, and submit an Annual Plan of Operations within three months. The applications were disposed of accordingly.