Execute the Awareness of Legal Issue

MR. P.V. JAYAKRISHNAN, CHAIRMAN CEC ACCOMPANIED BY SHRI VALMIK THAPAR, MEMBER CEC VISITED BANDHAVGARH NATIONAL PARK AND TIGER RESERVE FROM 4TH_7TH FEBRUARY, 2005 IN CONNECTION WITH THE APPLICATION NOS. 543 AND 593

Bandhavgarh National Park and Tiger Reserve is regarded as one of the finest tiger areas in the country. Though it is made of four forest ranges the main focus is on Tala Forest Range where tourism is permitted. The remaining three forest ranges namely Magdi, Katwa and Khatauli are closed to tourism. Territorial forest divisions also exist adjacent to Bandhavgarh Nationai Park.

2. The main points highlighted by the applicant in the petition primarily relate to the following:

(i) widening and upgradation of roads and its consequences;

(ii) mining (extraction of sand and stone) and extraction of water from reserve forest area;

(iii) unauthorised drawl of electricity by villagers from electric cables passing through the National Park and electrocution of animals;

(iv) poaching of tigers and other animals;

(v) construction of toilets in the Bhaitan area of the Tala range; and(vi) tourists were found smoking and littering the park area with cigarette packs and plastic waste and were also moving freely in the jungle area.

OBSERVATION

3. The CEC after making site inspection has the following observation to make on the above issues:

Violation of FC Act and Hon'ble Supreme Court orders

(i) Widening and upgradation of roads and its consequences. It was seen that two PWD (black top roads) passed through Bandhavgarh National Park. The first one is a State Highway No. 11 from Umaria to Tala a distance of 32 km. and the center of tourism activities in the park. The second PWD road. connects the first one at 20th km. from Umaria and leads to Satna via Khitauli, which is 15 km. from this tri-junction locally called Parasi mode. Widening and strengthening of Umaria Tala Road upto Parasi mode and from there to Khitauli and beyond is being done under bond-cum-BOT (Build, Operate and Transfer) scheme of Madhya Pradesh Rajya Sethu Nirmana Nigam (MPRSNN).

It is seen that around 5 km. stretch of State Highway No. 11 from Parasi mode towards Tala and 5.8 km. stretch of PWD road from Parasi mode towards Khitauli passes through the Bandhavgarh National Park. Widening of State Highway NO.11 from Umaria to Parasi mode is being done and that of the other PWD road between Parasi mode and Khitauli has been completed. It was seen that while the upgradation and renewal of the existing road inside the National Park has been done, the width of the road of this stretch has not been allowed to be increased. This work was entrusted to a Malaysian company. Since the stretch of the road inside the National Park has been upgraded a question arises as to why prior permission of the Hon'ble Supreme Court was not taken before embarking on such a project, especially since a three layer highway has' been pasted on what appears to be a semi tarred road in atrocious condition.

It was also seen that the State Highway roads going out from the National Park passed through the Khitauli Forest Division and the Umaria Forest Division and these roads which lay outside the Bandhavgarh National Park and passed through reserve forests had been widened and upgraded. Evidence available also indicated that trees have been cut and water drains made on the outside edges. When asked the Conservator of Forests, Shahdol informed that no prior permission under the Forest Conservation Act had been obtained from the Government of India and he admitted that a mistake had been in this regard and assured that "post facto" approval will be obtained at the earliest.

It was clear from the inspection of the roads that an international company had on being awarded the tender for a Highway (even through the National Park) widened 18 km. of territorial forest division roads I National Park roads at a rough cost of Rs. 30 lakhs a km. On further discussions it transpired that the work worth over Rs. 8 crores in forest areas had been undertaken with scores of tractors, rollers and hundreds of '~camped" labourers without taking prior permission either under the Forest Conservation Act or the Hon'ble Supreme Court order. No detailed assessment of the bamboo clumps, shrubs, grasses and trees that were destroyed during the execution of this work was available. In this connection, Ministry of Environment and Forests, Gol's letter F. No. 11 48/2002-FC dated 4.9.2004 may also be referred to (copy enclosed). However, for repair and maintenance of roads in related areas (National Parks/Sanctuaries) prior permission of the National Board for Wildlife is mandatory. This entire matter needs to be thoroughly investigated by the State Government.

(ii) Mining (extraction of sand and stone) and extraction of water from reserve forest area The CEC visited all the three sites from where sand, stone and water was allegedly extracted from inside the reserve forest area. After visiting all the three sites with Park Director, Applicants etc. it was found that the they were outside the Park and these allegations were therefore found to be without any basis.

(iii) Unauthorised drawl of electricity by villagers from electric cables passing through the National Park and electrocution of animals It was explained to the applicant that the general issue of electricity transmission lines passing through the National Parks/Sanctuaries and Reserve Forest and electrocution of animals is already separately under the consideration of the CEC in Application No. 280 and where interaction with the State Governments, Ministry of Power, Government of India and NHPC etc. have already taken place and a report is being finalized separately in this regard, in order that the electrocution of animals is minimized.

(iv) Poaching of tigers and other animals Nearly 200 offences have been recorded in the National Park during the period from April to December 2004 and it included 6 cases of poaching. Similar offences were also recorded in the Umariya Forest Division. Poaching ncludes the occasional tiger or leopard and immediate attention is required on this issue.

In the above context it is also important that the 22 vacant posts out of a sanctioned strength of 127 are filled up urgently. During iscussions an additional requirement of 47 posts was also incorporated. The entire matter of staffing in Bandhavgarh National Park needs to be reviewed urgently since the area is very vulnerable to poachers.

(v) Construction of toilets in the Bhaitan area of the Tala range where tourists were found smoking and littering the park area with cigarette packs and plastic waste and were also moving freely in the jungle area After the detailed inspection it was agreed by the Park authorities to reduce the disturbance by:

1. Removing toilets and canteens from Bhaitan and near the "BIG CAVE"/fort road (these toilets and canteen will now be housed inside the Bhaitan forest park's compound only and nowhere else).

2. All tourists will wait/walk etc. inside the compound of the forest post and there will be no disturbance outside the post.

3. Also discussed were a series of ideas to reduce tourist pressure at points where the tiger has been tracked. This could be done by urther developing the Guri gate or Gate 2 as a second point of tiger tracking. The director has promised to consider this. Otherwise the committee felt that the tourist regulations are good and much better than places like Ranthambhore and visibility of wildlife in this range healthy. 8 different tigers were seen in 2 days besides other animals including wild dog, wolf, sambar, chital, cinkara, barking deer etc.

OTHER POINTS

4. The Committee took the opportunity to visit other forest ranges i.e. Magdi and Khatauli.

(a) Magdi - It was quite clear that this range was degraded and in appalling condition. While driving around it was observed that grass cutting was going on right in front of the forest chowkidar. Large areas were full of cow dung and the under growth was very thin. Immediate corrective measures are required in this range. There is a huge difference between Magdi and Tala range.

(b) Khatauli - Though Khatauli was slightly better than Magdi still the same thinning of forest and degradation was visible. Also on our site inspection we found a road being constructed 36 feet in width from one end to the other and the water drains on both sides evealed signs of bamboos and trees being cut. A Rs. 3 lakh sanction was being used to create this road in the middle of nowhere and going nowhere. At least 80 bamboo clumps had been affected. The Director did not know of the road work and ordered it stopped. Damdama-Tirka Munari road in National Park for 1550 metres). Such management decisions should never be taken.

It was clear that there has to be an intensive focus on all the seriously neglected other Ranges - Magdi, Khatauli and Katwa. Without this focus the future of Bandhavgarh National Park will be a question mark.

SPECIAL POINT

5. There must be an immediate focus on village resettlement in these above Range Forest Divisions - Little effort has been made in this area.

CONCLUSION
6. Bandhavgarh is in an extremely fragile and vulnerable state today. Though tigers are doing well in Tala the tourism range, the rest of the ranges are totally neglected and in a mess. Immediate refocusing on priority areas outside tourism is urgent to secure the safety of the Park and the future of its tigers.