ANAND KRISHNA NEMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the writ petitions have been filed in the form of public interest litigation, alleging that presence of leopards is being noticed in and around the residential area of Rampur Colony, District Jabalpur and the same has become a menace to the society. It is alleged that the respondents-authorities are not taking any action for capturing the leopards, while there is continuous threats of leopard attacking to the local residents.

(2.) On notice the respondents have filed a detailed reply and submitted that the petitions are not only misplaced and misconceived, but are based on poor understanding of the subject. It is submitted that the Nayagaon Colony is adjacent to the Madan Mahal Hills and Forest area. The total forest area available in the Madan Mahal Hills is approximately 603 hectares i.e. about 1490 acres, which includes forest land, MPEB Green Land, Private Green Land, two large and three small water bodies. It is stated that the said area is being developed as Madan Mahal Eco Zone by the authorities which includes the Forest Department; Municipal Corporation, Jabalpur; Jabalpur Smart City Limited and District Administration. It is further averred that the Ministry of Environment and Forest, Government of India has issued detailed guidelines titled as "Guidelines for Human - Leopard Conflict Management" in April, 2011. The said Guidelines deal with various aspects of conflict management, including the cases where capture of translocation of leopards can be ordered; the manner of capture; and medical health and spreading general awareness for a healthy coexistence for humans and leopards. Copy of the Guidelines for Human - Leopard Conflict Management has been filed as Annexures-R/2.

(3.) It is further stated that the respondents and the Departments are proceeding in the matter as per the Guidelines issued for Human-Leopard Conflict Management. The respondents are continuously monitoring the situation and further steps would be taken in compliance of the said provisions depending upon the situation, as it presents itself. Significant number of Forest Staff has been deployed and camera traps have been installed at various places in and around the hills and habitations to monitor the behaviour of the leopard in the subject area. It is submitted that as of now there is no confirmed case of any attack on any human or livestock. The leopards in the area have picked up a few stray dogs, which is considered to be normal behaviour as peripheral leopards are known to survive on stray dogs and pigs. Therefore, as on date the capture of the animal would amount to abject violation of the provision envisaged in Sec. 11 of the Wild Life (Protection) Act, 1972 and also the 2011 Guidelines issued by the Government of India.