The Assam government is required by the Supreme Court to provide an affidavit that describes the sanctuary's perimeter.......
Digital desk: The Assam Cabinet's decision to "withdraw" Pobitora's designation as a wildlife sanctuary, which is situated in the Morigaon district, was halted by the Supreme Court on Wednesday.
The Assam government was ordered by a top court bench made up of Justices BR Gavai and Sandeep Mehta to promptly file an affidavit outlining the wildlife sanctuary's boundaries and designating its eco-sensitive zone.
The Assam government was urged by the top court to resolve people's rights and claims under Section 26 of the Wildlife (Protection) Act rather than using de-notification as a cover for "withdrawal."
The order was issued in response to an interlocutory petition (No. 85124) submitted by environmental activist Rohit Choudhury as part of Writ Petition 202 of 1995. In the petition, Choudhury pleaded with the court to step in and complete the Pobitora Wildlife Sanctuary's border demarcation.
The Assam government is required by the Supreme Court to provide an affidavit that describes the sanctuary's perimeter by the 1998 announcement and why the boundary of Pobitora Wildlife Sanctuary was not demarcated even after 26 years. The case's subsequent hearing is set for July 24.
The cabinet note stated “It is revealed that the matter was not placed before the Cabinet and also no approval of the then chief minister was taken in the matter. The forest department had no jurisdiction over the government's land which was included in the wildlife sanctuary by the forest department.”
“The rights of the affected people were not fully settled, especially people residing in the area before the issuance of the notification Pobitora Wildlife Sanctuary in 1998, including people belonging to the deprived and marginalized section of the society such as SC/ST, etc,” the cabinet note said.
“The final notification included some villages including Thengalbhanga, periodic patta land of No 1 Murkata, periodic patta land of Raja Mayong village which were to be excluded without setting the rights of the villagers who inhabited the area, belonging to SC/STOBC and marginalized communities and have been residing there even before independence,” it stated.
The Assam Cabinet decided on Sunday, March 10, to remove Pobitora Wildlife Sanctuary's protected status. This decision drew criticism from environmentalists and wildlife specialists.
With an approximate population of 107 rhinos living within the sanctuary, Pobitora is an essential refuge for the critically endangered Indian rhinoceros.
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