AJAY SHANKAR DUBEY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition by way of Public Interest Litigation has been filed by Ajay Shankar Dubey seeking a direction to the respondents to shift/relocate the tiger T-91 back to Ramgarh Vishdhari Wildlife Sanctuary (for short-'RVWS') from Mukundra Hills Tiger Reserve (for short-'the MHTR') with the further prayer that the translocation of tiger T-91 or any other tiger in MHTR should be allowed to take place only upon final approval granted after complying with action points recommended by the National Tiger Conservation Authority (for short-'the NTCA'). Prayer has also been made to set aside the order/direction of the State Government for translocation of the tiger T-91 to MHTR.

(2.) Petitioner Ajay Shankar Dubey claims to have been a wildlife/environment activist, especially for tiger conservation programs, for the last more than twenty years. It is contended that he is the Secretary and the founder of 'Prayatna', a Bhopal- based NGO, which primarily works to protect and advocate the cause of environment and good governance. He is the elected member of Board of Management of the Transparency International India. He is relentlessly committed for protection of national animal tiger. The Tiger Reserves all over India have better monitoring as a result of the petition filed by him before the Supreme Court in which; i) core and buffer areas were defined in 27 Tigers Reserves of India, ii) 5 States were fined for not notifying buffer and core areas in their tiger reserves, iii) national guidelines for the management of tiger reserves were issued. These orders are reported in (2012) 13 SCC pages 779, 781 and 782, all titled Ajay Dubey vs. National Tiger Conservation Authority and Ors.

(3.) The essential facts that may be necessary to fully comprehend the controversy involved in this matter are stated thus. The MHTR was declared as a Tiger Reserve by the State Government on 9.4.2013. Pursuant to the recommendation of the State Wildlife Board dated 8.1.2015, the State Government sought permission from the NTCA for reintroduction of one tiger and one tigress from Madhya Pradesh / Maharashtra, in lieu of which one tiger and one tigress from Ranthambore Tiger Reserve (for short- 'RTR') were offered to be rehabilitated to Madhya Pradesh / Maharashtra. The NTCA considered the application/proposal of the State Government in the meeting held on 27.4.2015. It however deferred the decision suggesting certain actionable points. Thereafter, the NTCA constituted a three-member Committee consisting of representatives of Wildlife Institute of India, Dehradun (for short-'WII, Dehradun') and NTCA and the Field Director of Sariska Tiger Reserve, Rajasthan on 16.07.2015, for assessing the MHTR for tiger relocation vis-a-vis prey habitat. The Committee gave its report in August, 2016 with certain actionable points/recommendations, which were to be complied with by the State Government. The Technical Committee of the NTCA on 7.10.2016, upon consideration of all the aspects, decided to give "in principle approval" for reintroduction of tigers. The NTCA by letter dated 7.11.2016 conveyed to the Chief Wildlife Warden, Government of Rajasthan, Jaipur, "in principle" acceptance of the recommendations of the Technical Committee by the competent authority. The NTCA thereafter directed that the tiger re- introduction plan should be advanced to December, 2018 as per the Standard Operating Procedure of the NTCA for active management towards rehabilitation of tigers from source areas at the landscape level (for short-'the SOP'). The Chief Wildlife Warden on 2.8.2017 wrote a letter to the Member-Secretary, the NTCA in response to the aforesaid letter dated 7.11.2016, mentioning that priority has been given to increase prey base in the area; and Sambhars and Chinkaras are being transferred there from various areas in the State. A request was again made to approve the re-introduction plan. The Technical Committee of the NTCA considered the proposal for approval. It was thereupon that the NTCA on 9.10.2017 granted "in principle approval" to the Chief Wildlife Warden for translocation of 2 female tigers and 1 male tiger in the northern part of the MHTR in the first phase in compliance with the SOP of the NTCA, with the active involvement of WII, Dehradun in the translocation and monitoring thereafter. It was required that the proposal be sent again to NTCA for final approval. The Field Director was required to intensify voluntary relocation of the villagers from the core area of the tiger reserve and monitor the ungulate population of the prey in remaining area of Tiger Reserve continuously for two years. The prey base assessment shall be carried out by WII, Dehradun. The next phase of translocation should be initiated only after the assessment of prey animals. The Member-Secretary of the NTCA by letter dated 1.3.2018 conveyed approval of the Ministry of Environment, Forest and Climate Change, Government of India, for tranquilization and translocation of one male and two female tigers.