Order of the National Green Tribunal regarding exclusion of all Revenue Village Chaks from the boundaries of the Rajaji National Park, Uttarakhand, 27/08/2018

  • 27/08/2018

Order of the National Green Tribunal in the matter of Madan Singh Bisth Vs. Union of India & Others dated 27/08/2018 regarding excluding all the Revenue Village Chaks from the boundaries of the Rajaji National Park. The Application also requested for setting up a Monitoring Committee of permanent nature to look into the issue of rehabilitation of the Revenue Village Chaks which are not excluded from the boundaries of the Rajaji National Park. Case of the applicant is that vide notification dated 12.08.1983, Rajaji National Park was formed under Section 35 of the Wild Life (Protection) Act, 1972. This adversely affected the land of the applicant as activities in the area covered by the notification stand restricted. Accordingly, the applicant seeks exclusion of their area from the boundaries mentioned in the said notification.

The stand taken by the Director Rajaji National Park is that there is no violation of the Forest (Conservation) Act, 1980, as the applicant’s land has not been included in the forest. The land of the applicant is outside the forest range. There was no legal bar to the same being included within the boundaries of the National Park under the provision of Wild Life (Conservation) Act, 1972 as has been done.

NGT while disposing of the Application makes it clear that "this order will not preclude the Applicant from making a representation for any rehabilitation measures. It is stated by the counsel for the State of Uttarakhand that if the Applicant makes any representation the same will be duly considered in accordance with law by the State of Uttarakhand."