Defence of Environment and Animals vs. Principle Chief Conservator of Forest  MANU/TN/2317/2011

Petitioners had challenged legality or otherwise of decision of Government of Tamil Nadu to identify and notify ‘Elephant Corridor’ at Nilgiris, and its consequential actions. Hence, this Writ Petition was filed. The court held, State Government was fully empowered to notify elephant corridor as management strategy and was also authorized by Project Elephant of Central Government since there was no impediment in 1972 Act, in declaring elephant corridor by State Government. Therefore, action initiated by State Government to identify elephant corridor could not be found fault with since it had only acted towards implementing its obligation created under Article 5l-A (g) of Constitution. The challenge made to formation of Committee and report filed by said Committee could not be found fault with as though formation of Committee by Court was nothing but intruding into powers of State and National Boards formed under 1972 Act. The notification of elephant corridor did not intervene or violate functions and duties of Boards and in fact, by this act, State Government had fulfilled its obligations created under Article 51-A (g) of Constitution, in which Court was unable to find any illegality. Under scheme of G.O., in question State Government had better protected interests of tribal and traditional dwellers. And the court held that the State is Guardian of interests of not only human beings but also wildlife. Government had consciously applied its mind to interests of various parties and had come out with more practicable and workable solutions.  On complete analysis of entire materials placed on record and upon hearing parties at length, Court was unable to find any illegality or irregularity in action of State Government in notifying elephant corridor. Hence, resort owners and other private land owners were directed to vacate and hand over vacant possession of lands falling within notified ‘elephant corridor’ to District Collector Writ Petitions were disposed of and all other Writ Petitions dismissed. Ratio Decidendi “State Government shall fully empower to notify elephant corridor as management strategy and is also authorized by Project Elephant of Central Government since there is no impediment in declaring elephant corridor by State Government.”