Gauhati High Court Orders Status Quo on Encroachment in Manas Tiger Reserve
2-minute summary
The Gauhati High Court has ordered a status quo on illegal land encroachments in the 2,837 sq. km Manas National Park and Tiger Reserve in Assam, directing authorities to ensure no fresh illegal occupation occurs. The order was issued by a Division Bench on a Public Interest Litigation (PIL) filed by environmental activist Rohit Choudhury. The petition highlights that over 18,000 bighas of core/critical tiger habitat in the Panbari and Bhuyanpara ranges are under unauthorized occupation. Notably, 3,558 bighas are occupied by the Kokilabari Seed Farm under the Bodoland Territorial Council's (BTC) Agriculture Department, operating on a Central Government lease that expired in 2001. The petition relies on Section 34A of the Wildlife (Protection) Act, 1972, which empowers forest officers to evict encroachers and demolish illegal structures inside protected areas. Notices have been issued to the Union Environment Ministry, National Tiger Conservation Authority (NTCA), BTC, and state forest officials.
Why it's in the news
The Gauhati High Court has directed the Assam Government and Bodoland Territorial Council to maintain a status quo and prevent fresh encroachments in Manas Tiger Reserve. The order comes amidst revelations that over 18,000 bighas of core tiger habitat are encroached, including land occupied by a government seed farm whose lease expired in 2001.
Background and context
Manas National Park and Tiger Reserve, located in Assam along the Himalayan foothills contiguous with Bhutan's Royal Manas National Park, was designated a UNESCO World Heritage Site in 1985. It serves as a vital biosphere reserve, elephant reserve, and critical tiger habitat. The park has historically faced pressure from insurgency, habitat fragmentation, and systemic encroachments. The Kokilabari Seed Farm was granted a 30-year lease by the Central Government, which expired in 2001. Instead of handing the land over to the forest authorities, the Bodoland Territorial Council (BTC) continued leasing it out for agricultural purposes. Despite warning letters from the Principal Chief Conservator of Forests identifying this land as part of the core/critical tiger habitat, eviction actions remained stalled, prompting judicial intervention under Section 34A of the Wildlife (Protection) Act, 1972.
Constitutional provisions
- Article 48A — Directive Principle of State Policy directing the State to protect and improve the environment and to safeguard forests and wildlife of the country.
- Article 51A(g) — Fundamental Duty of every citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife.
Committees and reports
- Tiger Task Force Report ('Joining the Dots') — Emphasized protecting inviolate core tiger habitats while addressing human-wildlife conflict and institutional coordination in protected areas.
Government schemes
- Project Tiger / Development of Wildlife Habitats — Provides technical and financial support to designated tiger reserves for core area protection, anti-poaching measures, and habitat management.
International organisations
- UNESCO — Designated Manas National Park as a Natural World Heritage Site in 1985 and monitors its conservation integrity.
- IUCN (International Union for Conservation of Nature) — Provides technical evaluations for World Heritage natural properties and species conservation status.
Mains practice: Examine the structural and legal challenges in protecting Critical Tiger Habitats (CTHs) from state-sponsored and civil encroachments in India. How can judicial and statutory enforcement mechanisms balance ecological integrity with local governance?
Critical Tiger Habitats (CTHs), notified under Section 38V of the Wildlife (Protection) Act (WPA), 1972, represent core areas required to be kept inviolate for wildlife conservation. However, preserving these areas faces significant administrative and structural hurdles.
Key Challenges in Protecting CTHs:
• Inter-Departmental and Jurisdictional Conflicts: Autonomous regions like the Bodoland Territorial Council (BTC) frequently experience overlaps between agricultural land allotment policies and State Forest Department mandates.
• State-Sponsored Encroachments: Delays in transferring land following the expiry of government leases (e.g., Kokilabari Seed Farm in Manas) lead to state bodies themselves occupying notified tiger habitats.
• Encroachments and Population Pressure: Large-scale settlements inside protected core ranges (such as Panbari and Bhuyanpara) cause habitat fragmentation and severe human-wildlife conflict.
• Enforcement Inertia: Although Section 34A of the WPA, 1972 empowers Assistant Conservators of Forests to evict encroachers and Deputy Conservators of Forests to demolish unauthorized structures, enforcement is often delayed due to political sensitivity and local opposition.
Way Forward:
• Timely Statutory Enforcement: Strict exercise of powers under Section 34A alongside clear time-bound directives from High Courts ensure executive compliance.
• Inter-Agency Coordination: Setting up institutional coordination frameworks between the National Tiger Conservation Authority (NTCA), State Forest Departments, and Autonomous Councils to settle boundary disputes.
• Habitat Restoration: Converting non-operational government land back into inviolate habitats while providing voluntary relocation packages for local communities in buffer areas.
Conclusion:
Preserving World Heritage sites like Manas requires transforming legal provisions into active field enforcement. Judicial oversight combined with cooperative governance between autonomous councils and forest authorities is essential to secure India's critical tiger habitats.
Prelims practice questions
Q1. With reference to the Wildlife (Protection) Act, 1972, consider the following statements regarding powers to remove encroachments: 1. An officer not below the rank of Assistant Conservator of Forests may evict any person occupying a national park in contravention of the Act. 2. An officer not below the rank of Deputy Conservator of Forests is empowered to remove unauthorized structures and confiscate equipment after giving a hearing. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: C. Both statements are correct as per Section 34A of the Wildlife (Protection) Act, 1972. ACF-rank officers are empowered to evict unauthorized occupants, while DCF-rank officers can remove structures and confiscate property.
Q2. Which of the following designations apply to the Manas Protected Area in Assam? 1. UNESCO World Heritage Site 2. Biosphere Reserve 3. Elephant Reserve 4. Tiger Reserve Select the correct answer using the code given below:
- 1 and 4 only
- 1, 2 and 4 only
- 2, 3 and 4 only
- 1, 2, 3 and 4
Answer: D. Manas is uniquely designated as a UNESCO World Heritage Site, Biosphere Reserve, Elephant Reserve, and Tiger Reserve.
Q3. Under the Wildlife (Protection) Act, 1972, who holds the primary authority to notify 'Critical Tiger Habitats' in India?
- The National Board for Wildlife exclusively
- The State Government in consultation with an Expert Committee
- The District Magistrate of the concerned district
- The Union Ministry of Agriculture and Farmers Welfare
Answer: B. Under Section 38V of the Wildlife (Protection) Act, 1972, the State Government notifies core or critical tiger habitats based on scientific criteria in consultation with an expert committee constituted for that purpose.
Revision flashcards
- What does Section 34A of the Wildlife (Protection) Act, 1972 deal with? It deals with the power to remove encroachments from wildlife sanctuaries and national parks, empowering ACF-rank officers to evict occupants and DCF-rank officers to demolish illegal structures.
- Where is Manas National Park located and what makes its geography unique? It is located in Assam along the Himalayan foothills, forming a contiguous transboundary protected landscape with Royal Manas National Park in Bhutan.
- What was the core issue concerning the Kokilabari Seed Farm in Manas Tiger Reserve? The farm occupied 3,558 bighas of core tiger habitat under a 30-year Central lease that expired in 2001, but the land was continuously re-leased for agriculture by the Bodoland Territorial Council instead of being handed back to the reserve.
- Which national statutory body oversees tiger reserve administration in India? The National Tiger Conservation Authority (NTCA), established under Section 38L of the Wildlife (Protection) Act, 1972.
- What are the four major international/national conservation designations held by Manas? 1. UNESCO World Heritage Site 2. Tiger Reserve 3. Biosphere Reserve 4. Elephant Reserve