No Reduction of Tal Chhapar Wildlife Sanctuary: Rajasthan High Court Strikes Down Road Renotification, Orders Habitat Expansion

The Dainik Bhaskar, Jodhpur edition, reported on 23.04.2022 that the State Government was proposing to reduce the Eco-Sensitive Zone of Tal Chhapar Sanctuary to 3 km under pressure from mine owners and stone crusher operators (para 2). The Court took cognizance on 25.04.2022 and the suo moto PIL was registered; the sanctuary in Churu district covers only 7.19 sq. km. and hosts around 4000 blackbucks (para 3). Impleadment applications were refused, as no order affecting private land owners was proposed (para 7). The District Collector, Churu said a 2.7 km road through the sanctuary, earlier denotified but renotified on 30.09.2019, posed serious risk to wildlife and that an alternate road was available (para 10).

The Forest and Mines Departments stated that no approved mining lease existed within 5 km of the sanctuary (para 12) and that the draft Eco-Sensitive Zone limits had been proposed for the then blackbuck population, which had grown over seven years and now moved beyond them (para 13). Reading the three departments' replies together, the Bench found "a dire need of increasing the area of the Tal Chappar Wildlife Sanctuary": the blackbuck population had grown, and excess animals strayed outside, risking harm, conflict with farmers and poaching (para 17). As a railway line made a corridor to the Jaswantgarh forest block difficult, it suggested an underpass or relocation to that block, enlarged with revenue land and turned into grassland (para 17). Relying on Hospitality Association of Mudumalai, it held that its power to give such directions was no longer res integra (para 18), and noted the Supreme Court's 03.06.2022 eco-sensitive zone directions in T.N. Godavarman Thirumulpad (para 19). As objections to the draft notification of 14.09.2021 had been received, it directed that they be decided expeditiously and the record forwarded to the Central Government (paras 20, 22).