Staff Reporter
Guwahati: The Gauhati High Court directed the Divisional Forest Officer, Goalpara Division, to file a detailed affidavit indicating what steps have been taken for clearing the encroachments after May 29, 2024, the date on which an earlier order was passed by the HC. The HC said this is necessary as the additional affidavit filed on August 13, 2024, regarding the status of the removal of the encroachments from the forest areas of Goalpara did not mention the steps taken by the Forest Department to clear the encroachments.
The order was passed by the bench of Chief Justice Vijay Bishnoi and Justice Kardak Ete while hearing a contempt petition in a case (Contempt Case (Suo Moto) 3/2023). The contempt case was registered for non-compliance of the directions given by the court vide an order dated September 5, 2022, whereby PIL (Suo Moto) No. 1/2022 was disposed.
The suo moto PIL was based on a letter written by wildlife lover Pranab Jyoti Sarma to the Chief Justice of Gauhati High Court. It was indicated in the letter that the wild elephants of Goalpara Forest Division and their habitats are in danger. It was alleged that the miscreants killed wild elephants brutally and barbarously. It was also alleged that tactics like high-voltage electric wire and poison are being used to kill wild elephants. The letter also indicated that as many as 200 wild elephant casualties were caused on railway tracks in Assam alone.
In the hearing of the PIL, the Forest Department said the casualty figure of humans in wild elephant attacks is 311 over the years. The affidavit also mentioned the steps taken to reduce human-elephant conflict in Goalpara while admitting to the encroachment of forest land.
While disposing the PIL on September 5, 2022, the HC issued the following directions: “i) The State Government in Environment & Forest Department shall adhere to the steps already initiated by it and shall continue the same in order to curb any mischief or loss of live of both of wild elephants and human beings; ii) The State Government is further directed to constitute special task force to be headed by Principal Chief Conservator of Forest which would include the Divisional Forest Officer as well as the Superintendent of Police and Deputy Commissioner of Goalpara district as member of such task force; iii) The Development Commissioner of Goalpara district and Divisional Forest Officer, Goalpara shall conduct survey of encroachment made in the forest area within a period of 3 (three) months from the date of receipt of copy of this order and shall immediately initiate steps for eviction of such illegal encroachment in accordance with due process of law; iv) The respondent authorities shall create facilities of veterinary treatment for injured elephants at the Headquarter of district Goalpara; and v) It would be the responsibilities of the Principal Chief Conservator of Forest & Head of Forests Force, Assam, to carry out the aforesaid directions.
During the recent hearing, the HC said an additional affidavit has been filed on behalf of the Forest Department through counsel D. Gogoi regarding the status of the removal of the encroachments from the forest area. However, from the HC’s perusal of the said affidavit, it was revealed that the efforts carried out by the Forest Department to clear the encroachments up to January 2024 have only been indicated.
The HC directed the Divisional Forest Officer, Goalpara Division, to file a detailed affidavit indicating what steps have been taken for clearing the encroachments after May 29, 2024.
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