Raze 821 illegal buildings on Nilgiris elephant corridor: Amicus curiae

Pertaining to 27 common buildings illegally constructed in the notified corridor, which includes schools, public toilets, water tanks, etc, the report recommended sealing and demolition.
Elephants at Mudumalai National Park and Wildlife Sanctuary in Mudumalai, Nilgiris (File Photo | EPS)
Elephants at Mudumalai National Park and Wildlife Sanctuary in Mudumalai, Nilgiris (File Photo | EPS)

CHENNAI: The Supreme Court-appointed amicus curiae has recommended the sealing and demolition of 821 illegal constructions, except tribal houses, allegedly built within The Nilgiris elephant corridor, notified under the Tamil Nadu Preservation of Private Forest (TNPPF) Act, 1949.

In his 12-page final report submitted in the SC on Friday, a copy of which has been accessed by TNIE, amicus curiae A D N Rao recommended the apex court to uphold the validity of the Tamil Nadu Government Order dated 31 August 2010 that notified The Nilgiris elephant corridor, and dismiss the SLPs filed against the Madras High Court judgment dated

12 July 2011 and interlocutory applications filed against the Plan of Action prepared by the The Nilgiris collector pursuant to the SC order on 12 July 2018.   

He has suggested a rehabilitation plan for 186 households belonging to Scheduled Caste, Backward Caste and Most Backward Caste people. “According to information provided by the Collector, there are 390 illegally constructed houses, of which 71 belong to affluent persons. So, these have to be sealed and dem

olished. There are 186 belonging to SCs, Backward Castes and Most Backward Castes (56 + 123 + 7) which have to be rehabilitated.”

He said the state government may be directed to submit within three months a rehabilitation plan for these 186 socially disadvantaged persons to be implemented in a time-bound manner. With regard to the remaining 133 houses of Scheduled Tribes, they have been protected under the ST and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

Pertaining to 27 common buildings/structures illegally constructed in the notified corridor, which includes schools run on commercial lines, health clubs, community centres, public toilets, water tanks, etc, the report recommended sealing and demolition. 

Nine estates/plantations are occupying 861.83 hectares notified as private forest under the provisions of TNPPF Act. The report calls for strict sanctions on them so far as removing vegetation and using pesticides. The estates are using electric fences, which are not permissible and should be removed immediately. “It has been reported that many of the estates/plantations are clandestinely using their buildings for commercial activities and offering home stays to tourists without requisite permissions. Such illegal home stays are a source of much disturbance to wildlife. The Collector may be directed to examine this issue and submit a report to Supreme Court,” the report said.

Illegal cultivation

The report said there are 57 cultivators involved in illegal cultivation of commercial crops within the notified elephant corridor occupying 51.56 hectares. “Out of 57 cultivators, 46 are rank encroachers illegally occupying 34.02 hectares of government land. Only 11 cultivators are occupying patta lands. The encroachers are raising commercial crops and have installed electric and other fences which are obstructing the movement of elephants in the corridor. Besides, these are in violation of the Wild Life (Protection) Act, 1972,” Rao recommended.

“We have sealed all the commercial buildings and resorts. Electric fences illegally erected by private land owners have also been removed as per the Supreme Court orders. I have not seen what the amicus curiae has recommended in his report, but the district administration has sought to exempt tribals and other small house owners from punitive action. We will wait for further orders from the Supreme Court, which will be hearing the case later this month,” The Nilgiris Collector J Innocent D.

Danger in the Nilgiris

Nine estates/plantations are occupying 861.83 hectares notified as private forest under the provisions of TNPPF Act. The report calls for strict sanctions

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