Order dated 24 April 2007 Related to Pipeline in Pench National Park.
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ITEM NO.2 COURT NO.1 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A.NO.65 in
WRIT PETITION (CIVIL) NO(s). 337 OF 1995
CENTRE FOR ENVIR.LAW, WWF-I Petitioner(s)
VERSUS
U O I & ORS. Respondent(s)
(For directions and office report)
Date: 25/04/2007 This Petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE R.V. RAVEENDRAN
HON'BLE MR. JUSTICE D.K. JAIN
UPON hearing counsel the Court made the following
O R D E R
The State of Maharashtra has filed the present application
seeking permission to lay down the pipeline in a part of the Pench National
Park/Tiger Reserve of a length of about 2.8 k.m. Relating to Sagar Nalla
Minor Irrigation Project, using about 1.48 hectares. The total area of the
Pench National Park is 25512.192 ha. and the interference in the National
Park would be only to an extent of less than 0.01%. The Ministry of
Environment and Forests has raised some objections stating that the laying
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of the pipeline would cause disruption to the animal movement and reduction in habitat quality and
would cause damage to the ecological features of the National Park.
We had requested the National Board for Wildlife to give their
response but we are told that the National Board for Wildlife has not so far
been constituted. Learned counsel for the petitioner submitted that this
project is part of a minor irrigation project for giving supply of water to
the agriculturists in Nagpur district who are badly in need of the water.
It is also submitted that there was large scale scarcity of water and some
farmers have committed suicides as a result of failure of rains and non-
availability of water for agricultural activities.
Under the above circumstances, we grant permission to the
concerned authorities of the State of Maharashtra lay down the pipeline
through the Pench National Park subject to the condition that they shall not
cause the minimum disturbance to the ecological features or to the animal
movement in the national park while laying the pipeline. They may also
enter the National park as and when any repair work is required. They shall
also furnish the details of the work to the Director, Pench National Park,
before hand so that he can cooperate with the project. It is also made
clear that they shall not use more than 1.48 ha. of land from the Pench
National Park for this purpose.
I.A.No.65 is allowed to the extent indicated above.
Niyamgiri Hearing, 9th May 2008
