Meera Bhardwaj:
The move to denotify 428.4 square kms of Shettihalli Wildlife Sanctuary (WLS) comes as a shocker. As part of boundary rationalization scheme, the Karnataka Forest Department (KFD)’s action to reduce the extent of Shettihalli WLS not only violates the provisions of Section 18, Wildlife Protection Act (WPA) but is also against the Supreme Court order dated 13.11.2000 under Writ Petition 337 of 1995.
Shettihalli WLS is a protected area located in Shivamogga district, Karnataka, India. This was declared as a “Sanctuary” on November 23, 1974 signed by S Shyam Sunder (a distinguished forester who has extensively worked in Shivamogga district), Special Officer and Ex-officio, Deputy Secretary to Government, Food & Forest Department. The same was confirmed by Government of Karnataka vide letter dated January 25, 1977.
MEETS ALL SANCTUARY PARAMETERS
This area met all the mandatory requirements to be declared a “Sanctuary” under Section-18 of the Wildlife Protection Act. Further, as per the Schedule of this notification, the boundary description is very clear on all four sides (road) and the fifth side by administrative boundaries of existing three ranges namely Ripponpet, Hanagere and Tirthahalli.
Apart from this, a look at the map of Shettihalli Wildlife Sanctuary, the area enclosed by the above boundaries is 824 square kms. However, there is a huge mismatch of nearly 424.40 square kms between the limits and extent in the 1974 notification. Now, the million-dollar question is what is right and what is wrong?
When one takes a closer look at the WPA provisions for declaration of a Sanctuary, Section 18 (2) of the Act clearly mandates that the notification should specify limits and situation of the Sanctuary, however there is no mandate that it should specify the extent of the Sanctuary. That means to say if mentioned; the extent should be in line with the boundary and not vice versa, stress wildlife activists from Shivamogga district.
BOUNDARY RATIONALIZATION
However, the Karnataka Forest Department is arguing that the area of Shettihalli WLS is 395.60 square kms which is right but the boundary of the Sanctuary is incorrect. Under the guise of boundary rationalization, they are trying to denotify 428.4 square kms of Shettihalli WLS, activists say.
G Veeresh, wildlife conservationist adds, “The present move for denotification of a part of Shettihalli Wildlife Sanctuary under the guise of boundary rationalization, is a clear-cut violation of Wildlife Protection Act and Supreme Court order dated 13.11.2000. We strongly urge the Government to compensate equal extent to the sanctuary network of Karnataka before this denotification takes effect.”
SUPREME COURT ORDERS
The Supreme Court in its order dated November 13, 2000 under Writ Petition (Civil) No 337 of 1995 has clearly stated, “PENDING FURTHER ORDERS, NO DERESERVATION OF FORESTS/NATIONAL PARKS/SANCTUARIES SHALL BE EFFECTED.”
Further, on February 9, 2004, the apex court rejected the appeal of GOI and refused to delete the word “Forest” from the above order. So, therefore, the order of the Supreme Court is still effective and even now operative. This circular was issued by MoEF, FC division on March 10, 2004.
In view of these wide-ranging orders by the Supreme Court, the decision taken by the Karnataka Forest Department is in Contempt of the Supreme Court orders and completely violates the provisions of the Wildlife Protection Act, 1972.
EQUIVALENT COMPENSATION
Added to this, Shettihalli denotification or boundary rationalization is only permitted when equivalent area is compensated to the “Sanctuary Network” in Karnataka state. Till compensation is made by identification of an area of 428.4 square kms in a Sanctuary Network of Karnataka, such a huge area cannot be denotified at all.
Activists also add, “The Karnataka Forest officials have misguided the Standing Committee of National Board of Wildlife (NBWL) as all the area of 428.4 square kms was erroneously/inadvertently to the Sanctuary which consists of revenue land, agricultural land and half of Shivamogga town.” The decision to denotify was taken in the 80th meeting of the Standing Committee of the NBWL.”
FIVE DECADES OF FAILURE
In 1976, local people and citizens in the district had no objection to the formation of the Sanctuary and in fact, a “No Objection Report” regarding public objections on formation of Shettihalli WLS had been submitted, activists inform.
So, there was no problem for its “declaration as a Sanctuary” during that time, now whose failure was it to maintain it as a Sanctuary the last five decades. If they had followed the procedure, one quarter of Shivamogga wouldn’t be part of Shettihalli today. Further, boundary rationalization can only be done after equivalent compensation is given in the same district.
SPECIES DOESEN’T MEAN ONLY FOREST SPECIES
It is very necessary to bring to the notice of the KFD, activists say, “As per WPA, protection is not just for “Forest Species” but also grassland species, scrubland species, desert species, species of rocky terrains, marine species, freshwater species, etc.”
If Shettihalli WLS is denotified, it will open a Pandora’s box in the country with demands for denotification of sanctuaries in the days to come. It should not be approved as it will set a bad precedent – triggering denotification of many more sanctuaries given the escalating human-wildlife conflicts and demands for diversion for linear structures and developmental projects.
HOW IS A SANCTUARY DECLARED?
As per WPA, 1972, Section 18, sub-section 1, the State Government may by notification, declare its intention to constitute, any area other than an area comprised within a reserve forest or the territorial waters as a “Sanctuary” if it considers that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing its wildlife or environment.
Apart from this, Sub-section-2 clearly states that the notification referred to in sub-section-1 shall specify, as nearly as possible the situation and limits of such area. For the purpose of this section, it shall be sufficient to describe the area by roads, rivers, ridges or other well-known readily intelligible boundaries.
SECTION-18A FOR SANCTUARY PROTECTION
Under Section-18A, WPA act, there is protection to sanctuaries. When the state government declares its intention under sub-section-1 of Section-18 to constitute any area not comprised within any reserve forest or territorial waters under that sub-section, as a “Sanctuary” the provisions of Section 27 to 33A (both inclusive) shall come into effect forthwith.
Wildlife conservationists and activists hope KFD takes the right decision and identifies a new area of 428 square kms in Shivamogga district as compensation in the event of denotification of the above area in Shettihalli WLS.
(PHOTO CREDIT: PHOTOS ONE TO SIX INCLUDING MAP BY CHETAN KALUBI)