Ashok Das And Ors vs Union Of India And Ors

The principal question involved in this case is as to whether two fisheries, viz., Dibru Saikhowa Part II and Part III fall within the core zone of the Dibru Saikhowa Wildlife Sanctuary. During the course of the proceedings, question relating to demarcation of the sanctuary arose and according to the Divisional Forest Officer, Tinsukia Wildlife Division in his letter dated 21.04.2017, Dibru Part II and Part III fall within the buffer zone of Dibru Saikhowa National Park/Dibru Saikhowa Biosphere Reserve and Eco-sensitive Zone (ESZ) of the National Park. Dibru Saikhowa Part I fisheries project had already been abandoned in terms of the letter of the Chief Secretary dated 29.11.2016. Process for leasing out Dibru Part II and Part III had also been put on hold pursuant to our order dated 15.05.2017. Vide order dated 15. 09.2017, it was noted that the affidavit of Respondent No. 5 brought forth the decision of the Government not to lease out the fisheries until demarcation of the buffer zone and the ESZ of the National Park had been carried out. On 10.11.2017, it was informed on behalf of the State Government that the demarcation work of the area had been completed and the ESZ had been duly notified. As per the Government a portion of the fisheries fall outside the core zone as per the demarcation.

As the matter stood thus our notice had been drawn to a Notification dated 08.12.2017 relating to Dibru Part II and Part III fisheries. However, as per the Applicant although the two fishery projects had been closed, a new Mahal (Fishery) had been created in the name and style of Dibru Brahmaputra Fishery Mahal. The learned counsel for the State Respondents had informed orally that the mahal did not fall within the eco-sensitive area. This being a crucial aspect which had not been brought on record formally by way of an affidavit, direction had been issued upon the Respondent Nos. 3 and 4 to file an affidavit clarifying the position before the next date, i.e., 11.07.2018. Case was thus taken up thereafter on 15.04.2019 but had to be adjourned as the original records of the original application was not before us in the NGT, Principal Bench.

I.A. No. 15/2019 was filed on behalf of one Sri Ashok Das and five others, seeking their impleadment in the case. In the I.A. the Applicants have also set out the facts and circumstances by which the New Mahal was carved out outside the core zone of Dibru Saikhowa Wildlife Sanctuary.

The aforesaid facts have not been controverted by any of the parties except to state that it had to be ascertained as to whether the two new Mahals for fisheries carved out would fall within the core zone of the Dibru Saikhowa National Park/Wild Life Sanctuary or not or its Eco-Sensitive Zone.

An additional affidavit filed by the Additional Chief Secretary to the Government of the Assam, Fishery Department on 11.07.2018 most unambiguously states that:

"The newly created Dibru Brahmaputra Fishery Mahal vide notification dated 08.12.2017 fails outside the Dibru Saikhowa Dibru Saikhowa National Part/Dibru Saikhowa Biosphere Reserve as per report submitted by the Additional Deputy Commissioner, Dibrugarh district on 28.05.2018 "

In view of above, the apprehension expressed by the applicant would stand to rest leaving no other issue for consideration in the present proceedings.

The Original Application No. 59/2017 along with I.A No. 68/2019 stand disposed off.

However, before parting, we make it clear that no fisheries activity shall be permitted within the Dibru Saikhowa National Park/Wild Life Sanctuary or its Eco-Sensitive Zone.