Neeraj Rohmetra
JAMMU, Mar 20: In a judgement of far-reaching consequences, the Apex Court has granted permission to the Jammu and Kashmir Government for de-notification of the entire Trikuta Wildlife Sanctuary, which hosts the highly revered Vaishno Devi ji shrine and several developmental activities of the Shrine Board are taking place within the contours of this sanctuary.
The significant judgement was delivered by the Supreme Court bench comprising Justice Aftab Alam, Justice K S Radhakrishnan and Justice Ranjan Gogoi while hearing the Writ Petition titled T N Godavarman Thirumulpad Vs Union of India and Others.
The permission for de-notification had become a serious stumbling block for major developmental activities around the holy shrine and this judgement paves way for taking up of several proposals including the materials and passengers ropeways projects already conceptualized by Shri Mata Vaishno Devi Shrine Board (SMVDSB).
The verdict was given recently, when Gaurav Pachnanda, Senior advocate of Supreme Court, who represented the Board, urged the Bench to take up the matter on urgent basis as the permission was threatening the projects taken up by Shrine Board. The Court agreed to take up the application for permission filed by Shrine Board as an urgent matter on the next day.
The detailed order was finally delivered by the Apex court after hearing Gaurav Pachnanda, counsel for Shrine Board and A D N Rao, Amicus Curiae, at length.
The Apex Court in its order says, “We deem it proper to allow the interim application and grant the permission for de-notification, as prayed by the Shrine Board”.
“The applicant Shri Mata Vaishno Devi Shrine Board has submitted several reasons in detail, while submitting its prayer for permitting the de-notification of the entire Trikuta Wildlife Sanctuary situated in Reasi district”, the Court added.
The Bench stated that the Vaishno Devi ji Shrine Board had moved an application for de-notification of the Trikuta Wildlife Sanctuary before the Jammu and Kashmir State Board of Wildlife on December 20, 2010. Subsequently, the Wildlife Board, in its meeting held on that date gave its consent for the proposal for de-notification of the aforesaid Wildlife subject to certain conditions.
As per the conditions laid down by the State Board for Wild Life, the State Forest Department was required to identify three alternate sites and the State would issue the Notification under Section 17(1) of Jammu & Kashmir Wildlife (Protection) Act, 1978 which shall be equal or double the area proposed to be de-notified from Trikuta Wildlife Sanctuary.
Further, the Shrine Board would initiate Environment Impact Assessment (EIA) study report for the better management of the pilgrimage and forwarded the proposal to the National Board for Wildlife (Ministry of Environment and Forest).
The Apex Court further stated that the Standing Committee of the National Board of Wildlife, in its 22nd meeting held on April 25, 2011, also recommended the proposal subject to certain conditions, which were to be fulfilled by the Shrine Board.
“Subsequently, the State Government vide SRO No. 47 dated January 30, 2012 declared its intention to make an area of 6627 hectares adjacent to the Hirapur Wildlife Sanctuary as Tatakuti Wildlife Sanctuary, in lieu of Trikuta Wildlife Sanctuary”, the Court order says.
Besides, Union Ministry of Environment and Forests vide its order dated October 31, 2011 has also granted environment clearance for material and passengers ropeway project at the holy shrine of the Mata Vaishno Devi at Katra.
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