jain Tirth Rksha ABHIYAN,PROTECT & PRESERVE GIRNAR FROM ROPEWAY

PROTECT & PRESERVE GIRNAR FROM ROPEWAY
Wednesday, 02 December 2009 15:27 JainSite
E-mail Print PDF


PROTECT & PRESERVE GIRNAR FROM ROPEWAY



Recentally, Environment department of central government can give clearence of the girnar ropeway project.Now It is going for the approval from National Wild Life Board and for that Hon'ble Environment Minister Shri Jairam Ramesh will Visit at Junagadh on 5th Dec,2009.The meeting of National Wild Life Board for the Girnar ropeway project will be held on 11thDec,2009.So that We have to oppose it on the larger interest of protect & preserve Girnarji.

You have to send the E- mail (following letter) at

jairam@jairam-ramesh.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it ,
presidentofindia@rb.nic.in This e-mail address is being protected from spambots. You need JavaScript enabled to view it ,
pmo@pmindia.nic.in This e-mail address is being protected from spambots. You need JavaScript enabled to view it ,
Sec-rajbhavan@gujarat.gov.in This e-mail address is being protected from spambots. You need JavaScript enabled to view it
To,

The President of India,

Rashtrapati Bhawan, New Delhi 110 004

INDIA .
SUB : PROTECT & PRESERVE HOLLINESS OF GIRNARJI
According to our information Girnar Wildlife Sanctuary Ropeway Project that has recently approved by Gujarat State Wildlife Board is about to be discussed in National Wildlife Board as it would require construction in Sanctuary area. Many of us think that if this project is aproved by the National Wildlife Board then it would be considered as a black day for wildife conservation in India, since it would create disasters for the most critically endangered wildlife species of India i.e. Long Billed Vultures, Asiatic Lion etc.

We hope that our esteemd nature conservanists asmembers of NBWL would think about the folloing issues in the larger interests of theconservation than politically driven so called developments.

After all the follwing arguements if the NBWL approves the project we would certainly mark this day as "Black day for Wildlife Conservation in India" and also file a legal pitition against the project that would be approved based on false and biased EIA report.We look forward to our senior conservanists and reputed eminent wildlife experts who are member of NBWl to persue matter with their capacities and understandings.

Please read follwoing

1. A ropeway project purely on commercial purpose is taking place in Girnar Wildlife Sanctuary situated in Junagadh District of Gujarat State. It may have tourism purpose behind it but as the project if sanctioned, will take place in a Wildlife Sanctuary completely and there is no scope of Wildlife or Eco tourism in this project.

2. State Wildlife Advisory Board of Gujarat has sanctioned this project in its last meeting. But the issue was taken on the agenda of the State Wild Life Advisory Board without the concurrence of the Environment and Forest ministry of Gujarat State. No issue, especially sensitive issue like bringing up a huge ropeway project totally within a wildlife sanctuary and which is going to effect adversely to the wildlife like Vultures and Asiatic Lions which are listed as Schedule I under the Wildlife Protection Act, 1972, can be taken on the agenda without the prior concurrence of the State Government.

3. The EIA report for this project itself is baseless and non scientific.

4. The report is not prepared by the experts of environment and wildlife science. The impact of the proposed project over and on wildlife of the sanctuary is not properly assessed. Directions issued by the TOR letter No. 10-108/2008-IA-III, dated 1st January 2009 of MoEF, Govt of India is intentionally been overlooked. The project proponents have not bothered to identify alternative routes in order to avoid the Wildlife Sanctuary Area.

5. The so called clearance letter of the Forest Department, Gujarat mentioned in the report is 14 years old letter dated 18/09/1995 (Annexure 9 of the report) and was issued under Section 2 of the Forest Conservation Act. The area was not declared as a wildlife sanctuary at that time. Hence, after the area declared as wildlife sanctuary under the Wildlife Protection Act, 1972 the provisions of the Forest Conservation Act holds no footings and are no more applicable to the project. No reliance can be put on that so-called clearance of the forest department.

6. Emergency Rescue Plan (Annexure 8 of the report) is not effective one. It is known to all that the Usha Brako, the company who has put forward this project at Girnar, was also having a Rope Way project in Pavagadh which has experienced a massive accident and many people died in year 2002. Despite Baroda Court order the company has not paid any compensation to the victims of the accident. Such ethic less and technically weak companies having ill records should never be allowed in Girnar as it is one of the highest peak in Gujarat. Any such lapse on the company's part (which is usual as per their security and maintenance standards) would result in higher loss of human life.


7. As it is very clearly mentioned in the report that the project area is totally situated and located in the Girnar Wildlife Sanctuary. Notification under Section 18 of the Wildlife Protection Act, 1972 declaring the area as a wildlife sanctuary has been issued on 31st May 2008 (Annexure 1 to the report). It is legal position that as provided under Section 19 of the Wildlife Protection Act, 1972 when the notification u/section 18 has been issued the Controller or the Collector shall inquire into, and determine the existence, nature and the extent of the rights of any person in or over the land comprised within the limits of the sanctuary. As far as the project in the question is concerned, the company who is proponent of the project has not put forward its claim of any right at the time of the notification for carrying the project of the rope way in the sanctuary, or has not claimed that it is having any such right in or over the sanctuary. In
this case no subsequent right, or prior right if any but not put forward and settled at the time of issuance of the notification and is identified can be acquired in, on or over the land comprised within the limits of the area specified as sanctuary in such notification. Section 20 of the Wildlife Protection Act, 1972 puts mandatory bar on accrual of any such rights.. It is not mentioned in the report and hence it can be assumed that on the publication of the proclamation under Section 21 of the Wildlife Protection Act, 1972 the Usha Brako, the company who has put forward this project at Girnar has not put forward its written claim for carry on ropeway project in the sanctuary.

8. Hon'ble Supreme Court and Hon'ble High Court of Gujarat has held in many cases that after issuance of the notification u/section 18 of the Wildlife Protection Act, 1972 and declaring any area as sanctuary no commercial or humanitarian activities in it can be permitted in such area. Section 27 of the Wildlife Protection Act, 1972 prohibits such activities without proper and legal permit. It is also held by Hon'ble Courts that only such activities which are meant for betterment of the wildlife and environment can only be permitted under section 27 of the Wildlife Protection Act, 1972. In the case of T. N. Godavarman Thirumalpad, v/s Union of India & Ors [Writ Petition (civil) 202 of 1995] Hon'ble Supreme Court has held on 10/04/2006 that,
“In view of the provisions of section 26A read with section 29 all commercial activities which seek to destroy the ecology, stands prohibited.”
In the case of Maheshkumar Virjibhai Trivedi And 20 Ors. vs The State Of Gujarat And 3 Ors. on 11/10/2005 Hon'ble Gujarat High Court has held that,
“ It is also required to be noted that the intention for sanctuary was already declared in the year 1973 and as per provisions of Section-20 of the Wild Life Protection Act, 1972, after issue of notification under Section-18, no right shall be acquired in, on or over the land comprised within the limits of area specified in such notification, except by succession, testamentary or intestate. Under the circumstances, when the lands in question are allotted to the petitioners after issuance of notification under Section-18 of the Act, their rights are rightly not accepted by the competent authority. It is also required to be noted that once the land in question is within the limits of sanctuary, as per Section-27 of the Act, no person other than persons specified under Section-27 shall enter, reside in sanctuary except under the permit granted in accordance with Section-28 and necessary permit can be granted by the Chief Wild Life Warden only for the
limited purposes, such as, investigation, or study of wild life photography, scientific research etc. It is also required to be noted that that for any of the above breach, offence can be registered against the person who commits breach of the same.”
Girnar forest is declared as a Wildlife Sanctuary by the notification of Government dated 31 May 2008, this is also annexed as Annexure 1 in the EIA report. As the area is declared as Wildlife Sanctuary, any kind of Human and commercial activity is strictly prohibited.

10. The EIA report has given more emphasis on Air and Water pollution, looking to the nature of the project and the activity thereunder the emphasis should be given to the biotic environment.

11. The waste generated in the constructional and operational phase (plastics, wire, cables, etc) are not hazardous to human being, but it is severely dangerous to wildlife in the area.

12. The forest of Girnar harbours over 550 species of vascular plants.. Further 20-22 number of Asiatic lion, the critically endangered species, over 70 leopards, along with other 5 species of mammals categorized as Scheduled I in IUCN red data book.

13. Cliffs of mount Girnar is providing nesting and roosting to the vultures. Vultures are listed as schedule I wildlife due to drastic decline of its population. Long-billed Vultures, White-rumped Vultures and very rare King Vultures are recorded in Girnar. The waste and noise that will be generated in the constructional and operational phase is surely going to affect this very sensitive bird. All of them are listed as Critically Endangered by IUCN. As per the report of Dr. Bharat Jethva, scientist from GEER Foundation, Gandhinagar there were 121 vultures and 30 nests located in this area. Nothing has been mentioned in the EIA report regarding impact of the project on these vultures and measures thereof.
14. Dense forest lands having rich bio-diversity and varied flaura - fauna.
15. Rare Asiantic Lion population existing in girnar forest.
16. Rare and protected monuments of several religions.
17. Girnar hills like "HIMALAYAS" are some of the best place for spiritual "Sadhna" & Meditation. It can not be converted into a tourist centre or a centre for entertainment.
So we request you all not to approve this project.
Thanking You,
Yours Faithfully,
Copy To:-
1.
Prime Minister: http://pmindia.nic.in/
Dr. Manmohan Singh

Prime Minister of India

Room No: 152, South Block

Raisina Hill, New Delhi 110 011

INDIA

Email: pmo@pmindia.nic.in This e-mail address is being protected from spambots. You need JavaScript enabled to view it (or to write online, see http://pmindia.nic.in/write.htm)

Fax: +91-11-2301-9334, +91-11-23015603, +91-11-23019545

Salutation: Your Excellency or Dear Prime Minister

2.

The Governor,

Raj Bhavan,
Gandhinagar-382 020
Phone No . 079-232 43171-72-73
Fax No . 079-232 31121

Sec-rajbhavan@gujarat.gov.in This e-mail address is being protected from spambots. You need JavaScript enabled to view it And

3.

The Secretary
Government of India
Ministry of Environment & Forests
Paryavaran Bhavan
CGO Complex, Lodhi Road
New Delhi - 110 003
INDIA

Telephone:+91-11-2436 1896, 24360605, 24360570, 24360519
email: envisect@nic.in This e-mail address is being protected from spambots. You need JavaScript enabled to view it