Why Uttarakhand HC's Stay On De-notification Of Shivalik Reserve Is A Victory For Environment

In a significant victory for environmentalists and concerned citizens, the Uttarakhand High Court has issued a stay on the de-notification of the Shivalik Elephant Reserve ¨C the state's only jumbo reserve.

The state Wildlife Board had in November decided to denotify the reserve to ease the way for the expansion of Jolly Grant Airport of Dehradun.

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However, the Uttarakhand HC, which was hearing public interest litigation (PIL) filed by Dehradun-based activist Reenu Paul on Friday, issued a stay on the de-notification.

Earlier on January 4, another division bench of the court had issued notices to the Centre, the state government and the state wildlife board over the decision to denotify the elephant reserve. They were given four weeks' time to reply.

Previously, around 80 people had written to acting Chief Justice Ravi Malimath, pleading to stop the de-notification of the Shivalik Elephant Reserve by the government.

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In the PIL, the petitioner had argued that the asiatic elephant is at its westernmost habitat in Uttarakhand and it would be cruel to destroy it.

Over 2,000 elephants in Uttarakhand

According to the latest estimates, there are around 2,026 wild elephants in Uttarakhand.

As per the elephants¡¯ census carried out between June 6 and June 8 and the number of elephants rose nearly 10 per cent from 1,839 in 2017.

The Shivalik Elephant reserve was notified in 2002 under 'Project Elephant', which was launched by the government of India in 1992.

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Shivalik Elephant Reserve comprises forest divisions of Dehradun, Haridwar, Pauri, Nainital and Almora districts and some parts of Rajaji Tiger Reserve and Corbett Tiger Reserve.

However, according to the current government, as per the norms of the central government, there is no law or Act yet under which the legal status of an elephant reserve is defined.

The government wanted to alter its status to make it easy for the cutting of some 10,000 trees in the reserve for the expansion of the Jolly Grant Airport in Dehradun.

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Uttarakhand Forest minister Harak Singh Rawat said that the State Government would be challenging the stay order in the Apex Court.

"We will fight against the stay and respond to the suo motu notice taken by the high court earlier. Elephant reserve is not a legal entity and therefore, there should be no legalities around it," said Rawat.